JUDGMENT

1. Those are two connected second appeals arising out of the same series of transactions. They may be disposed of by a single judgment, the facts in both cases being substantally the same. The respondent, Mohammad Masih-ul-lah Khan, who is the plaintiff in both suits, is the lambardar of a certain mahal. In that mahal there was a share of six annas belonging to one Rafaat Khan and a share of two annas belonging to Musammat Zohra Begam. At one time Zohra Begam was also in possession as sub-mortgagee of the six-annns shave belonging to Rafaat Khan. While thus in possession she leased out to the defendant-appellant, Ahmad Said Khan, the right to receive the profits of the entire share of eight annas, that is to say, of her own share of two annas plus Rafaat Khan's share of six annas. Subsequently Rafaat Khan executed a simple mortgage of his own six annas share to Ahmad Said Khan aforesaid, making it part of the covenant, that the existing usufructuary mortgage should be redeemed out of the consideration for the said simple mortgage. This was done, and inconsequence of this redemption the rights of Zohra Begam over Rafaat Khan's six-annas share terminated. Nevertheless Ahmad S