Wadsworth, J.

1. These appeals arise out of an order allowing the execution of a decree for arrears of rent obtained by a usufructuary mortgagee against his mortgagor who is the lessee of the hypotheca. In the execution petition the mortgagee sought to bring to sale the equity of redemption in the mortgaged property in order to realise the decree for arrears of rent. An objection, which was disallowed in the lower appellate Court, was based on Order 34, Rule 14, Civil Procedure Code, to the effect that the decree was in fact a decree for payment of money in satisfaction of a claim arising under the mortgage and that therefore the decree-holder was not entitled to bring the mortgaged property to sale otherwise than by a suit for sale in enforcement of the mortgage.

2. The appellant (mortgagor-lessee) mortgaged his property usufructuarily to the respondent by a deed dated 30th November, 1930 and by another deed dated 1st December, 1930, the mortgagee leased the property back to the mortgagor. The mortgage itself provides for redemption on the 1st Kumbham 1107 or any date up to the 30th of that month or during the same period in successive years. The lease is for a period of one