1This appeal by the mortgagee-defendants against a decree for the redemption of a usufructuary mortgage is confined to the quantum of compensation payable for improvements effected by them. They claimed as much as Rs. 12,000 on this account, but the court below awarded them only Rs. 3087-12-0, and in appeal they asked for Rs. 1652-10. more.

2 It is sufficient to state only such of the facts as are necessary for considering the objections taken. Ext. B1, the mortgage in question was of the date 15-11-1932. Although the mortgage was a usufructuary mortgage the mortgagors continued in possession under a contemporaneous lease back, Ext. B17. Subsequently the mortgagee filed a suit in ejectment, and in execution of the decree therein, took possession of the properties from the mortgagors on 14-7-1940. (Thereafter he transferred his rights to the present mortgagees). The court below disallowed the mortgagees claim to compensation in respect of all improvements effected before 14-7-1940 on the patently proper ground that they were improvements effected by the mortgagors and not by the mortgagees. It is nevertheless argued before us that the mortgagors were in possession, not as owners of t