1. In 1877 the 1st defendant purchased out and out certain plantain trees from the party from whom he took on the same day a lease of the land upon which the trees were growing. In the recital to the lease deed the trees are described as the ” entire plantain plaintation on 1,100 guils.” In 1887 the 1st defendant purported to mortgage the trees on 1,600 gulis. At the time of the mortgage the 1st defendant was certainly the absolute owner of the trees on 1,100 gulis. As regards these trees the plaintiff acquired the rights of a mortgagee and his rights were not affected by the fact that in 1896 the 1st defendant’s lease was determined.
2. The plaintiff is entitled to a decree for Rs. 177-4-0 with interest at 12 per cent, per annum from November 6, 1887, by the sale of the plaintain trees on the 1,100 gulis as described in Exhibit II.
3. The plaintiff is entitled to his costs through out payable by 3rd defendant.