These Second Appeals by the defendant arise out of two suits. O.S. No. 289 of 1955 was to recover a certain sum of money with interest said to be due on a usufructuary mortgage, dated July 10, 1948, executed by the defendant. O.S. No. 492 of 1955 was for a declaration of the respondent’s title to the suit property and injunction restraining the appellant from interfering with his possession thereof. The circumstances in which the suits were brought were these. Originally the property admittedly belonged to the appellant. In execution of a small cause decree obtained against him the assignee-decree-holder one Krishnaswami Iyer purchased the suit property and obtained a sale certificate in his favour, dated 25th August, 1941. On 10th July, 1948, under the terms of an arrangement under Exhibit B-3 which is styled as an unregistered release deed executed by Krishnaswami Iyer in favour of the appellant the former relinquished his interest in the property in favour of the latter for consideration. On the same date, i.e., 10th July, 1948, the appellant executed the usufructuary mortgage which is the subject-matter of O.S. No. 289 of 1955. On July 12, 1951, the respondent obtain