Mr. Ameer Ali :-

This was an appeal from a judgment and decree of the Chief Court of the Punjab, dated the 15th July, 1913, and arises out of a suit brought by the plaintiff in the Court of the District Judge of Attack for the redemption of two mortgages in respect of a large tract of land in that district of which he has acquired by purchase a one-third share.

It appears that the lands in suit belonged originally to one Bahadoor Khan, who, on the 23rd May, 1878, gave it in usufructuary mortgage to the defendant-respondent for a term of fifteen years. The amount borrowed on that mortgage was 400 rupees, and it was stipulated that the mortgagee should receive the rents' and profits in lieu of interest, and that at the end of the fifteen years the mortgagor should be entitled to take back the property on payment of the principal amount borrowed. In 1881, Bahadoor borrowed from the Defendant another sum of 550 rupees on mortgage of the same property. The document in respect of this loan is dated the 17th January, 1881. It recites the first mortgage and states the money now borrowed is 550 rupees, the total debt being 950 rupees; it then provides that for four years the money borrowed sh