( 1 ) THE defendant in original suit 637 oi 1964 on the file of the First Munsiff, mysore, is the appellant in this second appeal. The plaintiffs who are two in number instituted the above suit originally in the Court of the Subordnate judge, Mysore in 1963. The suit was thereafter transferred to the file of the First Munsiff, Mysore, by virtue oi the provisions of the Mysore civil Courts Act, 1964. The first plaintiff executed a usufructuary mortgage deed in favour of the defendant on 25-9-1951 for a sum of Rs. 3,000 offering the plaint schedule house as security therefor. Later on she sold the house in favour of plaintiff-2. Both the plaintiffs instituted the above suit lor redemption of the above mortgage, it is not disputed that under the mortgage deed only a sum of Rs. 283 was paid in cash to plaintiff-1.

( 2 ) THE balance of the amount was allowed to be retained 'by the mortgagee for the purpose of discharging certain earlier debts which plaintiff-1 had incurred from one Nagarathnamma and one Y. P. Krishna Jois. The plaintiffs instituted the suit for redemption since the defendant did not allow redemption by private negotiations. The defendant in his written statement contend

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