( 1 ) THIS is a Second Appeal against the decree and judgment of the Court of the Additional Subordinate Judge of Kakinada, confirming that of the district Munsif, Kakinada in a suit for redemption of a mortgage and for possession. One Ramineedi Govindarao and his sons executed a usufructuary mortgage in respect of the plaint schedule lands for Rs. 3,000/-in favour of the defendant on 17-11-1947. Underthedocument, it was agreed that the amount would be paid within a period of ten years from the date of execution i. e. by the end of November 1957 and that, if within the stipulated period the mortgagors paid the principal amount due under the deed in full discharge of the debt, the mortgagee should enjoy the schedule-mentioned property paying every year the fixed maktha to the mortgagors. The plaintiff purchased the equity of redemption from the mortgagors and filed O. S. No. 429 of 1951 on the file of the Court of the District Munsif, Kakinada for recovery of possession and for other incidental reliefs. The defendant, inter, alia, contended that the suit was premature as it was filed before the expiry of the term fixed under the mortgage deed, namely 30-11-1957. The