The Chief Justice.- This is ah appeal under the Letters Patent against the judgment of Rajagopalan, J., dismissing a second appeal by the defendant in an action for redemption of a usufructuary mortgage for Rs. 650 effected under a deed dated 23rd September, 1940, by one Syed Ismail in favour of the defendant. The mortgage was redeemable at the end of three years. Before the expiry of this period, Syed Ismail conveyed the equity of redemption in the mortgage property to the plaintiff-respondent by a deed, Ex. P-1, dated 4th August, 1942. It is common ground that out of the sale consideration of Rs. 2,900 a sum of Rs. 2,029 was still due and payable even on the date of the suit. The sale deed which was executed on 4th August, 1942, was registered only on the 20th October, 1942. Meanwhile, Syed Ismail had executed another usufructuary mortgage in favour of the defendant on 7th September, 1942, to secure a further advance of Rs. 1,000 alleged to have been paid on that date. On 14th October, 1943, the plaintiff tendered the mortgage amount of Rs. 650 but the defendant refused to accept it. The plaintiff followed by an application under section 83 of the Transfer of Property Act but tha

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