Raghunath Prasad and Another vs Jwala Prasad and Others

Sen, J.—We are clearly of opinion that the judgment under appeal is correct and ought to be affirmed. The property is transferred by a usufructuary mortgage in terms of Section 14, Sub-section 5, Agra Tenancy Act of 1926 and there is a stipulation in the mortgage bond that the mortgagee is to retain the full possession land the enjoyment of the mortgaged property including the trees appertaining to an exproprietary holding. The mortgagee cannot be deprived of the benefit of this stipulation. This is perfectly clear from ''the language of the last paragraph of Section 15 of the Act. We dismiss this appeal with costs.