Venkatasubba Rao, J.

1. This appeal raises some important questions of law, and has been fully argued on both sides. The suit was filed by the plaintiff for redemption in 1921. He became entitled to redeem the suit mortgage on 1st July of that year and made the statutory deposit in Court Under Section 83, T.P. Act, on 5th July. Defendants 3 to 5, to whom the mortgage had, by then, been assigned, refused to accept the deposit as valid and thereupon the present suit for redemption was filed on 16th September 1921. The parties have employed their ingenuity to protect it till now, i.e. for over 15 years and during the greater part of this period the mortgage amount, namely Rs. 14,000 remained in deposit in Court without carrying interest. For a proper appreciation of the points raised, it will be necessary to set out the facts of this case in some detail.

2. The village of Virakudi, the suit property, belonged to the zamindar of Neduvasal, who granted a usufructuary mortgage in respect of it, by Ex. A, dated 2nd April 1899, to one Oppilamani Chetty, to secure the repayment of Rs. 11,000 and it was stipulated by the deed, that the mortgagee was to be in possession till 30th June 1