1. The suit property which is the subject of the mortgage in suit is the western half of a property,1 acre and 3 cents in extent. The mortgage was by Kali Aiyan and Chadayan Kunjan, being Ext. G of the year 1093; it was followed by a purakadom by Chadayan Kunjan, being Ext. E of the year 1096. The right under Exts. C and E became vested in one Velu by assignment Ext. I. Velu leased the property to one Kochuraman and afterwards by Ext. A to the first plaintiff with direction to redeem Kochuraman.

Kochuraman was redeemed. Velu transferred his mortgage right in the property to the defendant who filed a suit O. S.569 of 1952 against the first plaintiff for recovery of possession and obtained a decree. That decree was not executed. The four plaintiffs who are the childeren of Kali Aiyan have instituted the suit out of which this second appeal arises, for redemption of Exts. C and E on payment of the amount due to the defendant. The defendant pleaded that there was a partition between Kali Aiyan's heirs and Chadayan Kunjan under which the mortgaged property fell wholly to the share of the latter, and that therefore the plaintiffs have no right to redeem. The Subordinate Judge