JUDGMENT

Bind Basini Prasad, J. - This judgment will govern civil Revision No. 3 of 1945. The material facts are as follows: Triloki Nath and others made an application under S. 12, U.P. Agriculturists' Relief Act, 1934, read with S. 9, U.P. Debt Redemption Act, for the redemption of a usufructuary mortgage dated 1540-1925, for a sum of Rs. 2,999-15-0. The mortgaged property consisted of 55 bighas 17 biswas 6 dhurs of a certain agricultural plot. The mortgagors' contention was that the entire mortgage money was paid up from the usufruct of the property and that they were entitled to redeem the property without paying anything. Dalsingar, mortgagee, resisted the claim on a number of grounds and inter alia he pleaded that the profits were not sufficient to pay off the principal sum of the mortgage money.

2. On 11-9-1942, the trial Court passed a preliminary decree directing accounts to be taken in accordance with S. 9, U.P. Debt Redemption Act, 1940, and it mentioned in its judgment that the correct mode of accounting was as laid down by it in its judgment in another Suit No. 775 of 1941. Evidently that was a method to determine profits on the basis of the circle rate of the mortgaged