Satyanarayana Rao, J.- This is an appeal by the first defendant against the decree of the Subordinate Judge of Coimbatore, granting to the plaintiff a preliminary mortgage decree.

On the 20th February, 1939, the first defendant executed a deed which is described as a usufructuary mortgage deed for a sum of Rs. 4,000. The property comprised in the mortgage is a terraced building in Coimbatore. Under this document it was stipulated that the mortgagee should in lieu of interest on the amount advanced enjoy the property mentioned, that is, the house as under a usufructuary mortgage. It further provided that

“Within a period of four years from this date, I shall pay you the above usufructuary mortgage amount and get return of the deed with endorsement of discharge thereon and along with the title deeds pertaining thereto. I shall also take possession of the undermentioned properties from you. If before the above period of four years I pay the principal sum you shall receive it. If I fail to pay the principal sum on the due date of the above 4 years you shall continue to be in enjoyment as under a usufructuary mortgage for the very aforesaid mortgage amount till it is paid. Besides, I shal

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