1. This appeal is by the plaintiff in a suit for redemption of a usufructuary mortgage which was allowed by the trial court but dismissed by the lower appellate court in appeal by the defendants 1 and 5.

2. The plaint whole property appertained to the plaintiff's Illom and was mortgaged with possession under Ext. A dated 24.9.1061 in favour of Veeramony Pattar, deceased. Veeramony Pattar left three sons Narayana Pattar, the 1st defendant, Subramonia Iyer, the ancestor of defendants 2 to 4 and Krishna Iyer, deceased, who partitioned the property among themselves as if it belonged to them absolutely in jenmom and took 1/3 each. This was in 1074 and 1077. Subsequently Krishna Iyer accepted Ext. B mortgage of 1097 from the mortgagor Illom with reference to his 1/3 interest and we are accordingly not concerned with it. Defendants 2 to 4 in their capacity as heirs of Subramonia Iyer conveyed a portion of their 1/3 interest in favour of the 5th defendant under Ext. III transfer deed of 1110 and retained in their own hands, the balance left. Neither the 1st defendant nor the defendants 2 to 5 were willing to acknowledge the Illom's title or take fresh mortgage in respect of thei