This Second Appeal arises out of the decree of the learned Subordinate Judge of Tanjore in A.S. No. 138 of 1955, modifying that of the District Munsif of Pattukottai in O.S. No. 370 of 1953.

The plaintiff is the appellant in this Second Appeal. He filed the suit for redemption of a mortgage, Exhibit A-1, dated 22nd June, 1898, under the following circumstances. The suit properties and certain other properties were originally owned by one Muthu and his son Odayappa. They executed a possessory mortgage over certain items of properties in favour of one Sokkan Chettiar prior to 1898. On 22nd June, 1898, they executed a second usufructuary mortgage under Exhibit A-1 over those and certain other properties in favour of one Ramaswami. The mortgagee was directed to redeem from out of the portion of the mortgage money left in his hands the earlier mortgage in favour of Sokkan. The second mortgagee however failed to so redeem. The right of the mortgagee under Exhibit A-1 was transferred to one Alagappan. On the side of the mortgagor there were a few transactions by way of sales of equity of redemption as a result of which the properties vested in regard to some items in the appellan