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P. C. BANERJI, STUART, TUDBALL
Raghunandan Rai – Appellant
Versus
Raghunandan Pande – Respondent
JUDGMENT
Pramada Charan Banerji, Tudball and Stuart, JJ. - This appeal arises out of a suit for the redemption of a mortgage made on the 20th of December, 1865. It was a usufructuary mortgage and it provided that the usufruct should be appropriated in lieu of interest, and that the principal amount secured, viz., Rs. 375, would be paid on the last day of Jeth, 1280 Fasli (1873).
2. The plaintiff instituted the present suit on the allegation that the defendant had cut down trees existing on the mortgaged property, that the value of the trees cut down by him exceeded the amount of the mortgage, that the mortgage had thus been discharged and that a further sum was payable to him by the defendant. He accordingly claimed possession of the mortgaged property and the further sum which he alleged to be due to him. In the alternative he prayed that should the court find any sum to be due by him a decree for redemption should be made conditional upon his paying that sum to the defendant.
3. The suit was resisted on various grounds. It was denied that any trees existing on the land which belonged to the, mortgagor had been cut down, but it was asserted that the trees cut down were the trees of a
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