VEERASWAMI, C.J.:- This is second appeal by the 4th defendant arising out of a suit for redemption. The property, an extent of 2 acres 75 cents, originally belonged to one Gabriel by purchase in June, 1932. He usufructuarily mortgaged one acre comprised in S. No.124 out of 2 acres 75 cents to one Antony Cruz for Rs.300/-, The deed provided for 30 years for redemption. It contained a further provision that if there was default in payment of the mortgage money as stipulated in the deed, the transaction should be regarded as an absolute sale. We may immediately remark that this operated as a clog and this clause will be of no effect. As a matter of-fact counsel on both sides have proceeded on this basis. The mortgagee by a deed dated August 25, 1934, purported to sell absolutely the one acre of land covered by the earlier usufructuary mortgage to Ross. When it was conveyed, the property was described as vacant land and house site of the vendor. After the death of the purchaser Ross his executrix one Mrs. Templeton sold the one acre to Mr. Brown for Rs.6500/-. By then a pucca house had been built on the site by the late Ross and the house was named as "Clarendar". Mr. Brown in