JUDGMENT

Pigot, J. - These appeals are from the judgment and decree of the Subordinate Judge of Gaya in each of two cases heard before him. Appeal 300 is brought in suit 88 of 1889, appeal 244 in suit 25 of 1889 in the Sub-Judge's Court.

2. The suits are brought to enforce claims said to arise in virtue of a stipulation contained in a bharnanama or deed of usufructuary mortgage, dated the 10th Assin 1288 (29th September 1880), between Sir Jai Prakash Singh, K.C.S.I., then Raja of Deo, and his son, defendant No. 1, who is the present Raja, on the one part, and the plaintiff on the other. By that deed 83 mouzahs were given in bharna for nine years, up to Jeth 1296 (May 1889), to the plaintiff to secure the sum of Rs. 3,35,000, with interest at eight annas per centum per mensem.

3. The mouzahs mortgaged, which are set out in the schedule to the deed, are described in the instrument as held in mokurrari and lease on annual uniform and varied rentals. The deed provides that the mortgagee shall remain in possession of the entire mouzahs from 1288 in continuance of the lease of the old lessees up to the term of the mortgage deed, collect the rents from the lessees and mokurraridars (subject