CHINNAPPA REDDY, J.

( 1 ) THE plaintiff-appellant filed the suit, out of which the Second Appeal arises, for redemption of usufructuary mortgage dated 25-6-1946 and for possession. The plaintiff was the mortgagor, Kale Papaiah, husband of 4th defendant and father the defendants 1 to 3 was the mortgagee. The mortgage was for a sum of Rs. 200 and it was in respect of land in Kankanampadu Shortrium village, an estate which was later taken over under the provisions of the Madras Estates (Abolition and Conversion into Ryotiwari) Act. The plaintiff is one of the erstwhile Shortrimdars of the village. The defendants pleaded that they and their predecessors had occupancy rights in the land, that the plaintiff and his predecessors were landholders, that the plaintiff had borrowed a sum of Rs. 200 from Papaiah mortgaging his melwaram interest in the land, that the recitals in the mortgage deed were inoperative and that the recitals had only been made to give a form to the deed of mortgage. They pleaded that the occupancy rights possessed by the could not be extinguished by the mortgage. The land was never the private land of the plaintiff. The only interest which the plaintiff had in the lan

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