Venkataramana Rao, J.

1. This second appeal raises a question as to the validity of a deposit under Section 83 of the Transfer of Property Act before it was amended by Act XX of 1929 and Act V of 1930. On 13th April, 1919, the first defendant executed a mortgage in favour of one Sankaranarayanaswami Nayak the plaintiffs predecessor-in-title for a sum of Rs. 1,350. The mortgage deed provided thus:

To this sum of Rs. 1,350, I shall add interest at the rate of Re. 0-14-0 per cent, per mensem and pay the amount of principal and interest due thus on 11th April, 1920 and duly redeem this bond. In default, to the amount of principal and interest accruing due till then, interest shall for the remaining periods be added at the rate of Re. 1-6-0 per cent, per mensem, and re the total of principal and interest, the interest accruing so due once in twelve months shall be added on to the principal, and you shall, whenever required, recover the amounts thus accruing due, along with interest at the said rate of Re. 1-6-0...

2. Subsequent to the date of the mortgage the first defendant sold in the same year the said property which comprised eight items to his wife the fifth defendant. On the