Krishnan Pandalai, J.

1. The first defendant is the appellant in this Court. The following facts are material:--One Venku Shetty was the mulgenidar of some immovable property. He mortgaged his interest in the same to Appanna Rai and Kantha Rai two brothers for Rs. 500, on a simple mortgage dated May 4, 1892. Venku Shetty sold his interest to one of the mortgagees Kantha Rai on December 2, 1910. Thus Kantha Rai having become himself the owner of the mortgagors interest, his own half interest in the mortgage was satisfied by the purchase and he became liable to pay the other half Rs. 250, and interest thereon to the other mortgagee Appanna Rai. Immediately after the purchase, Kantha Rai granted a sub-mulgeni to the plaintiff and one Muthaya Manai on December 3, 1910. On January 4, 1912, Kantha Rai sold his interest to the 1st defendant-appellant. Manais interest was subsequently acquired by the plaintiff who is, therefore, the only person entitled to the sub-mulgeni right. Soon after the creation of the sub-mulgeni, the other mortgagee Appanna Rai brought his suit for recovery of half the mortgage amount. To this suit, Order 8. No. 23 of 1912, Venku Shetty, the original mortga