JUDGMENT:- Though the value involved in this second appeal is a very small one, yet it raises an interesting question of law. Defendants 1 and 2 in O.S.441 of 1965 on the file of the Court of the District Munsif, Arni, who failed before the trial Court as well as the first appellate Court are the appellants before this Court. The admitted facts are as follows:

2. The first appellant herein was having some dealings in javuli with the respondent herein. In the course of such dealings, a sum of Rs.700 was due by the first appellant to the respondent herein. In view of the fact that the amount was standing unsecured, the respondent wanted to have the same secured, under a mortgage, but the subject-matter of the mortgage belonged to both the appellants. Consequently, on 1-11-1955, the parties entered into an arrangement consisting of execution of a mortgage deed by the appellants herein in favour of the respondent herein, as evidenced by Ex.A-1 and execution of a counter-part varthamanam letter by the respondent herein in favour of the appellants, herein, as evidenced by Ex.B-1. On that date, the respondent, in addition to the sum of Rs.700 already due by the first appellant to