Kanhaiya Singh, J.

1. There are two appeals, Second Appeal No. 1667, of 1951 and Second Appeal No. 1545 of 1953. These two consolidated appeals have been heard analogously and will be disposed of by this judgment. It will be more convenient to deal with them separately

SECOND APPEAL NO. 1667 of 1951.

2. This is an appeal by the plaintiff from the judgment and decree of the learned Subordinate Judge, Begusarai, dated 8-9-1951, by which he, in reversal of the judgment of the learned Munsif dated 6-6-1950, dismissed the appellants suit for redemption of a usufructuary mortgage bond dated 1-7-1901 executed by the ancestors of defendants second party in favour of Mukhilal Singh ancestor of defendants first party.

The mortgaged land is 4 bighas 18 kathas which formed part of a holding of 6 bighas 6 kathas 9 dhurs. In 1929 defendants second party transferred to the plaintiff 6 bighas 6 kathas 14 dhurs of land including the mortgaged property by a registered sale deed dated 18-5-1929, for a consideration of Rs. 1000. The mortgage money due under the usufructuary mortgage bond of 1-7-1901 was leit in deposit with the plaintiff for payment to the mortgagee, namely, defendants first p