Chandrasekhara Aiyar, J.

1. The plaintiff, the head of a math, created a usufructuary mortgage over certain immovable properties on 5th May 1938 under Ex. I for a sum of Rs. 625 in favour of the defendant-appellant in this second appeal. It is provided in the mortgage that the mortgagee should enjoy the mortgaged property for a period of eleven years from the date of mortgage himself paying the Government kist. Then comes the relevant clause: After the expiry of the period I shall pay the amount and have the schedule property redeemed.

2. The consideration of Rs. 625 was made up of three items, a sum of Rs. 214-14-11 due to one Mayakootha Pilial, a sum of Rs. 310-1-1 due to one Saminatha Desikar, and a sum of Rs. 100 paid in cash. The mortgagee was directed to pay the sums due to Mayakootha Pillai and Saminatha Desikar but he did not pay the amounts, and the mortgagor discharged the debts in April and May 1939, owing to pressure from the creditors. The plaintiff brought this suit for redemption on 23rd November 1939 setting out these facts alleging that the properties would yield an annual income of Rs. 75 and that as against the sum of Rs. 100 which alone was advanced by th