The Civil Revision Petition and the Civil Miscellaneous Second Appeal in the alternative have been filed by the second defendant in O.S. No. 40 of 1945 on the file of the District Munsiff’s Court of Kumbakonam in the following circumstances. I Shall be referring to the 2nd defendant as the appellant in the rest of the judgment.

O.S. No. 40 of 1945 was a suit brought by the plaintiff for redemption of a usufructuary mortgage executed in favour of the first defendant, wherein the second defendant, who is the present appellant, was a co-mortgagor. The redemption suit was decreed, the preliminary decree having been passed on 30th April, 1947, and this was confirmed on 16th April, 1948, by the Sub-Court of Kumbakonam 16th appeal. The 2nd defendant and the plaintiff deposited the mortgage amount of Rs. 1000 in equal moieties on 30th July, 1947, and the first defendant drew the amount from Court on 22nd September, 1948. The present application I.A. No. 781 of 1950, is for the purpose of passing a final decree for redemption under Order 34, rule 8, of the Civil Procedure Code and for directing the first defendant to deliver possession of the mortgaged properties and render accounts