Ramaswami, J.-This is an appeal preferred against the order made by the learned District Judge of Krishna in O.P.No.11 of 1945.

The facts are: The respondent before us and his late undivided brother Narasimha Rao borrowed a sum of Rs.1,500 from the deceased Anjaneyulu, father of appellants 1 to 3 and executed a registered mortgage deed in his favour. Subsequently on 9th May, 1931, the mortgagors executed Exhibit B-1 styled as a deed of sale in respect of the immovable property for a sum of Rs.1,682-8-0 of a portion of the hypotheca plus an additional extent making the total extent sold larger in extent and undoubtedly in value though we have no specific evidence on that point, than the original hypotheca. This deed of sale contained the usual covenants of sale and stipulated the following condition to reconvey:

“You and we have agreed that in case, within three years from now onwards, that is, before 8th May, 1934, we pay to you the amount remaining after deducting from out of the amount of principal and interest accruing due on the sale amount of Rs.1,682-8-0 with compound interest from now onwards at the rate of Re.1 per cent. per mensem with annual rests, that net income realised

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