1. 1st defendant is the appellant. The suit property was mortgaged by one Cherukara tarwad in favour of the 1st defendant as per Ext. B dated 18-11-1096. The mortgage deed comprised of 4 items of property and separate amounts were advanced on security of each of these items. Item 4 of the mortgage-holding has been assigned to a stranger by the mortgagee. One half of item 1 and item 3 were assigned by the 1st defendant in favour of his brother who is impleaded in this case as the 2nd defendant by Ext.1 partition deed between them. One half of item 1 and item 2 were retained by the 1st defendant and this suit is for redemption of Ext. B mortgage so far as the properties retained by the 1st defendant are concerned. The plaintiff claims his title to redeem as per Ext. A sale deed which he has obtained from the mortgagor tarwad. The suit has been decreed concurrently by the courts below and in this Second Appeal four questions are raised namely:

(1) The division of the property as between defendants 1 and 2 under Ext.1 was not in equal halves but the 1st defendant was allotted 1771/2 cents at the south of the property while only 1721/2 cents were given to the 2nd defendant. T