R.K.Choudhary, J.

1. This appeal by the defendants second party arises out of concurrent decisions of the courts below decreeing the suit of the plaintiff-respondent No. 1 for declaration of his title and redemption of a usufructuary mortgage bond dated 13-7-1907.

2. The case of the plaintiff in short is as follows: One Hemen Missir had two sons, Jhan-gat Missir and Chhathu Missir. The plaintiff is the grand-son of Jhangat Missir. Chhathu died issueless. On 13-7-1907, Chhathu executed a usufructuary mortgage bond for Rs. 300 in favour of Lakshmi Prasad, brother of defendant No. 1 and father of defendants 2 and 3, mortgaging certain lands described in Schedules 1(ka) and 1 (kha) of the plaint. The due date of payment under the terms of the mortgage deed was after 60 years. Chhathu was separate from Jhangat and Schedule 1 (ka) property belonged to Jhangat which was ultimately inherited by the plaintiff as being his grand-son. The property described in Schedule 1 (kha) belonged to Chhathu on whose death the same also was inherited by the plaintiff.

Chhathu Missir was a simpleton and was always in want. Taking advantage of this condition of Chhathu Missir, the aforesaid Lakshmi