Govinda Menon, J. - By Ex.P. 1 dated 20th March, 1926, the first defendant executed a mortgage for a sum of Rs. 2,351-9-6 in favour of the undivided father of the plaintiffs. The consideration for that document was made up of sums due under a prior promissory note executed by the first defendant and moneys due under an account. It also included a sum of Rs. 50 being the costs of an insolvency petition which the plaintiff’s father and another had filed against the first defendant. The mortgage recited that compound interest would be paid at the rate of Re. 1-0-6 per cent. per mensem with annual rests. The relevant portions of the document are as follows:

“. . . . This sum, from this date until it is paid up to you in full, shall carry compound interest at the rate of Re. 1-0-6 (one rupee and six pies) per cent. per mensem with annual rests calculated according to the Telugu calendar months and for Adhikamasams also, and the principal and interest so aggregating shall be paid up to you by me in instalments as fixed hereunder.”

In the lower Court the first defendant raised various issues such as that the mortgage deed was invalid and unenforceable, that the suit was barred by limitation

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