Venkataramana Rao, J.

1. This is a suit for redemption of a mortgage. One Muthayya Thevar mortgaged items 1 to 6 of the plaint schedule with one Krishna Iyengar who in his turn mortgaged items 1 to 7 in respect whereof he had the mortgage right and item 7 which belonged to him absolutely to the defendant under a deed of mortgage dated 7th June 1904. At a rent sale the plaintiff purchased a portion of item 3 and took symbolical delivery of the same subject to the mortgage in favour of the defendant. Then the plaintiff called upon the defendant to take a proportionate amount of the mortgage or allow him to redeem the entire mortgage (by payment of the entire mortgage amount). The defendant declined to accede to either of the courses suggested by the plaintiff. Then the plaintiff filed O.P. No. 28 of 1927 on the file of the District Munsifs Court of Ramnad and deposited a sum of Rs. 600, the amount which according to him was payable under the deed of mortgage in favour of the defendant and asked for delivery of possession of the properties but the defendant declined to receive the amount deposited in Court and the said amount still remains in the Court. One of the defences rais