This Second Appeal by the defendant, who has lost in both the Courts below, raises an interesting question of law. The suit purports to be one for possession on redemption of a usufructuary mortgage. The property agricultural land originally belonged to one Shenbagathammal who had othied it to three brothers for a sum of Rs. 450 under a registered deed dated 9th October, 1936, Exhibit A-1, being the registration copy of the deed. The mortgagees had entered into possession pursuant to the othi in their favour. By a registered sale deed dated 7th July, 1937. Shenbagathammal sold the property to one Muthukumaraswami Pillai for a consideration of Rs. 650, a sum of Rs. 450 being reserved with the vendee for discharge and redemption of the othi. The plaintiff is the first wife’s son of the vendee. He had on the first wife’s death taken a second wife by name Chellathammal. Sometime after the purchase and before redemption, the vendee appears to have become mentally unbalanced and was not heard of thereafter. He is presumed to be dead. Though Chellathammal had no proprietary interest in the property, on 30th July, 1941 she executed a sale deed of the property in favour of one Mah