...that there was in fact a usufructuary mortgage and that the plaintiff had been put in possession of the land, the suit for recovery of money is not legally maintainable and hence the decree is without...mortgage, in absence of a personal covenant to repay the loan, a suit instituted for recovery of the loan is not maintainable. This, however, is not the case here. In the instant case, there is no...jurisdiction. Assuming that the factual position is, as claimed by the petitioners Counsel, that does not affect the legal position that the suit, is not and cannot be instituted on the basis of the...