( 1 ) THIS second appeal arises out of Suit O. S. No. 101/4 of 1957 on the file of the learned Subordinate Judge, Warangal. The necessary facts are: Nagabandi Ranganaikulu, the plaintiff, instituted the suit firstly for possession of the land. The plaint however was subsequently amended including the relief of redemption of usufructuary mortgage. It was alleged inter alia that defendants 1 to 3 and Ali Mirza, father of defendants 1 and 2, mortgaged the suit land with the plaintiff for a sum of Rs. 15,000 on first Thir, 1358-F. A registered usufructuary mortgage deed was executed on that date. The same land were previously mortgaged for Rs. 2,000 with defendants 4 and 5 by Mohammed mirza, one of the mortgagors (1st defendant), on 19th Shehrewar, 1356-F. It was contended by the plaintiff that in view of the terms of the usufructuary mortgage the debt of defendants 4 and 5 has been completely liquidated. The plaintiff therefore asked the defendants 4 and 5 to deliver possession of the suit lands to the plaintiff. There were proceedings under section 145, Criminal Procedure Code in which possession of defendants 4 and 5 was declared. Since defendants 4 and 5 refused to deliver possessi

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