Raj Kishore Prasad, J.

1. This application, under Sec.25, Provincial Small Cause Courts Act, is by the defendant, directed against the judgment dated 17-6-55 of Mr. Krishna Deva Prasad, Small Cause Court Judge at Sasaram, decreeing the plaintiffs suit.

2. The defendant executed a usufructuary mortgage in plaintiffs favour, mortgaging his house to him; and by a keravanama, executed on the same date, the defendant took back the mortgaged house on rent at Rs. 6/- per month from the plaintiff. The defendant did not pay the house rent from 16-2-52 to 15-2-55, and, therefore, the present suit was brought by the plaintiff on 16-2-55 for recovery of the arrears of rent for the above period.

3. The defendant contested the suit. His defence was that the agreement between the parties was not for execution of a usufructuary mortgage deed, but for execution of a simple mortgage deed and the defendant trusting the plaintiff gave his signature to the documents, which were never read over to him, but some time later on, when the plaintiff demanded rent from him, it was disclosed that the plaintiff had got ijara and kerayanama deeds executed by the defendant. The defendant then raised a hue