VENKATESWARA RAO, J.

( 1 ) THIS appeal under clause 15 of the Letters Patent arises out of a suit filed for redemption of a usufructuary mortgage and is directed against the judgment of our learned brother. Parthasarathi, J. in S. A. No. 593 of 1969. Plaintiff in the suit is the appellant before us.

( 2 ) THE suit was filed for redemption of a usufructuary mortgage. Ex. A-1 dated 29-6-1927, which the predecessors - in-title of the plaintiff executed in favour of Yellappa, the father of defendants 1 to 5; and recovery of possession of the properties together with past and future profits. Three items of property, which were hypothecated under Ex. A-1, were conveyed by late Yellappa in favour of the 11th defendant under a registered sale deed. Ex. B-4 dated 9-9-1941. The validity and binding nature of this alienation is impeached in paragraph 7 of the plaint on the ground that the alliance is not a bona fide transferee for value without notice of the mortgage. The suit was resisted by the 11th defendant contending inter alia that Yellappa became the absolute owner of all the properties which were the subject-matter of the mortgage, Ex. A-1, pursuant to an arrangement with the mortgago

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