Judgment

K. RAMASWAMY, J.:- This appeal by special leave arises against the judgment of the Madras High Court in Second Appeal No. 1851 of 1982 dated October 4, 1985. The appellant-plaintiff now becomes puisne mortgagee. The respondent-5th defendant transposes as mortgagor. The facts are many; proceedings are countless and orders are numerous creating bundle of confusions. To clear the cloud and to have clarity, it is necessary, after weeding out the irrelevant, to state the material facts as under:

The hypothica belongs to a house known as T. K. M. One Krishnan, the eldest male member of that house, created on October 29, 1947 an usufructuary mortgage in favour of one Laxminarain Pillai and appellant is one of the successors in interest. Krishnan created a second mortgage on Feb. 12,1966 in favour of the appellant with a direction to redeem the first mortgage and to remain in possession for 10 years. On its footing the appellant laid O. S. No. 400 of 1966 for redemption of the mortgage. The trial court while granting preliminary decree directed to deposit into the court on or before May 6, 1970 a sum of Rs. 13,467.15 Paise. The mortgagor and the mortgagee filed first appeals and the