Venkataramana Rao, J.

1. This second appeal arises out of a suit to enforce a mortgage bond dated 15th September 1900. It was executed by one Karuppa Padayachi, the late undivided father of defendants 1 to 3 in favour of one Devantha Chetty for Rs. 1,000. The plaintiff obtained an assignment for the mortgage on 21st August 1908. The mortgaged properties were sold in Court auction between 9th October 1918 and 31st December 1918, in execution of simple money decrees against the mortgagor and was purchased by one Krishnadesikachariar from whom the plaintiff purchased in 1924. Prior to his purchase defendant 4 was also a puisne mortgagee under two mortgages dated 1904 and 1911. As puisne mortgagee, in O. P. No. 37 of 1919 on the file of the District Munsifs Court of Cuddalore, defendant 4 deposited a sum of Rs. 2,707 into Court under Section 83, T.P. Act, in redemption of and full discharge of the suit mortgage.

2. The plaintiff contended that more was due to him but a consent memo seems to have been filed in that O. P. on 29th January 1920, Ex. D, in and by which it was agreed that without prejudice to the contentions of the parties the plaintiff might draw the amount and the pl