Lord Atkinson, J. -

This is an appeal against a decree of the High Court of Judicature at Madras, dated 18th January 1924, allowing an appeal from the judgment of the Subordinate Judge of Dindigul dated 30th October 1920. The suit was brought by the assignee of a mortgage dated the 28th January 1911, for a mortgage decree for Rs. 21,532-8-6. During the pendency of the suit the defendants paid into Court Rs. 12,500. The Subordinate Judge made a decree for a further sum of Rs. 12,301-9-6, but on appeal the High Court held that by the payment into Court the mortgage was discharged, and made a decree accordingly dismissing the suit. Against the lastmentioned decree the plaintiff (hereinafter referred to as the appellant) has preferred this appeal, and the question in it is the rate of interest due under the mortgage

It is essential to examine closely the provisions of the two instruments upon which the appellant's title to relief purports to be based. The first of these is a hypothecation bond dated 28th January 1911, by which Subramania Ayyar (the father of the respondents) purchased a house therein described for the sum of Rs. 20,000 from one Padmanabha Nayudu, of which sum it was by