Bell, J.

1. In this appeal, the respondents (decree-holders) filed a suit on a usufructuary mortgage claiming a sum of Rs. 40,000 with interest. In due course a preliminary decree in the usual form was granted and was followed in April, 1937, by a final decree, which related that as the money ordered to be paid under the preliminary decree had not been paid the mortgaged property or a sufficient part thereof should be sold in order to satisfy the decree. It was further ordered that the balance, if any, should be paid to the judgment-debtor or other person entitled to receive the same. In the execution proceedings which followed, the decree-holder asked for an order that the property should be sold. The judgment-debtor, however, claimed that the property should be sold only after allowance had been made for compensation due to him for acts of waste committed by the decree-holder or his legal representatives after the decree had been passed. The estimate for this compensation was some Rs. 15,000. The learned District Judge made a very short order on the petition before him, and dealing with this question of damage he said :

The judgment-debtors will have to file a separate suit