( 1 ) I agree with the judgments prepared by my learned brothers Misra and Kidwai JJ. that these applns. should be dismissed with costs.

( 2 ) A mtgee. Subject to such terms as may have been agreed upon between him and the mtgor. , cannot be made liable for anything more than the rent realized by him if he has let out the land to tenants at a reasonable rate. The mtgor. cannot complain that the land was let out to tenants and was not cultivated by the mtgee. himself. If the mtgee. undertakes to cultivate the land it is not merely the land but the seeds, manure etc. used by him and his labour that contribute to the profits made. I have already pointed out in the case of Surju Prasad v. Randhir Singh, 1945 O. A. H C. B. 55 that a tenant not only provides seeds and manure but also gives a lot of his time and labour in ploughing and watering the field and in sowing the crops, and he also takes the risk of the possible failure of crops. It will be most unreasonable to give the mtgor. the whole of the profits made by the mtgee. from such land, as if it was the land alone that had contributed to the making of the entire profits. The mtgor. can reasonably claim from the mtgee. t