Subba Rao, J.-This appeal raises two points of law, (1) whether the suit was maintainable and (2) whether it was barred by limitation.

The facts of the case have been fully and accurately set out in judgments of the lower Courts and also in that of Wadsworth, J., in the second appeal. We need not restate them except to the extent necessary for appreciating the contentions of the parties. One Sinnayya Goundan executed a mortgage deed, Exhibit P-1, dated 12th July, 1922, in favour of one Periya Goundan for a sum of Rs. 500. On 24th June, 1924, the same Sinnayya Goundan executed a second mortgage deed in regard to the same property in favour of one Rama Boyan. On 24th September, 1928, Sinnayya Goundan for himself and as guardian of his then minor sons executed a usufructuary mortgage in favour of Periya Goundan, that is, the mortgagee under Exhibit P-1 and also another by name Sinnammal for a sum of Rs. 1,300. The consideration for the mortgage was made up of two items; (1) a sum of Rs. 650 due to Periya Goundan under Exhibit P-1 and (2) a sum of Rs. 650 paid by Sinnammal to the mortgagor. On 10th September, 1929, under Exhibit P-3 Periya Goundan assigned his half share of righ