Anantakrishna Aiyar, J.

1. 2nd and 3rd defendants were holding certain properties under a janmi. On the 28th January, 1909, the 2nd defendant executed in favour of the 1st, Ex. I, called "kanom-kuzhikanom mortgage" document, under which the 1st defendant was entitled to hold the properties till the 28th January, 1921. Subsequently the 2nd defendant received some renewal fee from the 1st and executed on the 19th December, 1918, Ex. III, in his (1st defendants) favour. The 2nd defendant seems to have subsequently changed his mind and executed in favour of the plaintiff a melcharth, Ex. A, on the 5th January, 1919. After the expiry of the period covered by Ex. I, the plaintiff on the basis of Ex. A instituted O.S. No. 419 of 1921 to redeem Ex. I. The 1st defendant contested the suit, and relied on an agreement by the 2nd defendant to renew Ex. I, and produced Ex. III to evidence the said agreement; he also pleaded that the 2nd defendant had, as a matter of fact, executed a renewal of the kanom-kuzhikanom deed in his favour on the 19th December, 1920, Ex. II.

2. The plaintiff succeeded in the trial Court, but on appeal the learned District Judge reversed the first Courts decree.