Beasley, C.J.

1. This is an appeal by the plaintiff against the judgment of the principal Subordinate Judge of Nellore dismissing his suit. His claim in the suit was to compel the defendant to execute and register at his (the plaintiffs) cost a release deed in respect of the suit lands releasing the same from a mortgage in the defendants favour dated September 14, 1920. This mortgage was executed by one Kali Chetty Narayana Reddy. The lands comprised in this mortgage and other properties were sold in Court auction en December 3. 1924, and were purchased by the plaintiff subject to the defendants mortgage. The plaintiffs case was that he entered into the agreements of sale with third parties with respect of some of the lands to the knowledge and with the consent of the defendant who agreed that the plaintiff should pay him the prices stipulated under the agreements of sale and to release from his mortgage the lands agreed to be sold. Accordingly amounts paid by purchasers were duly paid to the defendant on February 17, 1926, November 15, 1926, and February 14, 1927, and at the same time under Exs. A-1, A-2 and A-3 he acknowledged the receipt of the money and agreed to execute