JUDGMENT

Pramada Charan Banerji, J. - The facts of this case are these: Two brothers, Jhamman and Dhani Ram, made a usufructuary mortgage of two-thirds of certain zamindari property is favour of Har Prasad on the 28th of January, 1880, for a sum of Rs. 332. Under that mortgage the mortgagee obtained possession and got mutation of names in his favour. Subsequently Jhamman executed a document in favour of the same mortgagee, Har Prasad, by which he borrowed Rs. 50, with interest at the rate of 2 per cent. per mensem, and the contention is that this document created a usufructuary mortgage and placed on the property a further burden for the payment of the money secured by it. That is the question we have to consider in the present case. Jhamman sold a part of his share in the property to the defendant Ram Chandar. The heirs of Dhani Ram also sold part of Dhani Ram's share to the same defendant and to defendants nos. 4 and 5. The defendants last mentioned have not appeared and they have not contested the claim. Ram Chandar made a deposit of Rs. 332 u/s 83 of the Transfer of Property Act. This sum the mortgagee Har Prasad refused to withdraw, alleging that the amount payable under the mo