Venkatarama Ayyar, J.-

This appeal arises out of a suit for redemption instituted by the respondent. The properties which are the subject-matter of this litigation consist of two plots, Survey No.61 and Survey No.115, in the Village Tirumehoor in the District of Mathurai. They belonged to two brothers Solamalai Pillai and Vaduhanatha Pillai. On 7th August, 1890, Solamalai Pillai executed a usufructuary mortgage for Rs.100 over Survey No.115 in favour of one Srinivasa Iyengar, Exhibit D-1. On 5th May, 1892, Solaimalai Pillai and Vaduhanatha Pillai executed a usufructuary mortgage Exhibit P-I over both Survey No.61 and Survey No. 115 in favour of one Venkatadri Iyengar for Rs.500 directing him 10 redeem the mortgage Exhibit D-I in favour of Srinivasa Iyengar. The present action is for the redemption of this mortgage. Venkatadri Iyengar got into possess on of Survey No. 61 under this mortgage and before the time for redeeming Exhibit D-I had arrived, he executed on 5th January, 1893, a sub-usufructuary mortgage over both the items in favour of one Kandaswami Achari for Rs.175, Exhibit D-2. On 21st December, 1893, Venkatadri Iyengar borrowed a further sum of Rs.50 from Kandaswami Achari on a simple mortgage of his mortgage rights, under Exhibit P-I. Kandaswami sued to enforce this simple mortgage in O.S.No.146 of 1898 on the file of the Court of the District Munsif, Tirumangalam, obtained a decree on 21st April, 1898, Exhibit D-3 and in execution of the decree purchased the hypotheca on 1st November, 1898 (Vide the sale certificate, Exhibit D-4) and got into possession of Survey No.61. One of the points in controversy between the parties in this litigation is as to what was actually sold in execution of the decree in O.S. No.146 of 1898 on the file of the District Munsif’s Court, Tirumangalam, whether it was only the mortgage right under Exhibit P-I or the properties themselves which were mortgaged thereunder. Kandaswami as purchaser under Exhibit D-4 instituted O.S.No.591 of 1899 on the file of the Court of the District Munsif, Mathurai for redeeming the usufructuary mortgage over Survey No.115, Exhibit D-I. The defendants to this action were the two sons of this original mortgagee Srinivasa Iyengar who was by this time dead; and also Solamalai Pillai and Vaduhanatha Pillai. The sons of the mortgagee pleaded that Solamalai Pillai had redeemed them and that they had no further interest in the property. Solamalai Pillai and his brother were ex parte. On 19th March, 1900, the Court decreed redemption on payment of Rs.100 to Solamalai Pillai within two months. The amount was paid on 8th May, 1900 (Exhibit P-2) and possession was taken through Court on 8th August, 1900, Exhibit, D-5.(c).

In execution of a decree passed against Kandaswami in Small Cause Suit No.1269 of 1910 on the file of the Court of the Subordinate Judge of Mathurai, his interest in the two items was brought to sale and purchased by one Balaguru Naidu. (Vide Sale Certificate, Exhibit D-11). He got into possession of the properties and on 14th June, 1922, he sold them to one Rajammal for a sum of Rs.900, Exhibit D-14. On 29th January, 1926, Rajammal released her interest in favour of one Alagaraswami Naidu, Exhibit D-16 and he in turn sold the properties to the defendant on 23rd March, 1940, under Exhibit D-20. On 19th August, 1943, the respondent who is the son of Solamalai Pillai instituted the suit out of which the present appeal arises for redeeming the usufructuary mortgage Exhibit P-I. The plaint alleges that in execution of the decree in O.S.No.146 of 1898 on the file of the Court of the District Munsif of Tirumangalam it was only the mortgage right under Exhibit P-I that was brought to sale; that under Exhibit D-4 what passed to Kandaswami was only the mortgage right under that document; that it was only that mortgage interest that passed to Balaguru Naidu under Exhibit D-II; that as purchaser from him under Exhibit D-14 Rajammal could acquire only the mortgage

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