GOVINDA MENON J.:-

A recital of the facts which have led to this litigation will show the chequered history through which it has proceeded. Defendants in O.S. No.23 of 1940 on the file of the Principal Subordinate Judge, Salem, are appellants before us. That was a suit on a mortgage for realisation of a certain amount by sale of the hypotheca. A preliminary decree was passed on 27-3-1941 giving time to the defendants to pay the amount with interest. It is stated by the defendants, but denied by the plaintiffs legal representatives, that on 14-5-1941 there was a settlement between the parties by which the plaintiff was to receive a sum of Rs.3600 in full satisfaction of the whole amount due to him and accordingly on that date a sum of Rs.600 was received by the plaintiff. It is further stated by the defendants, but again denied by the plaintiffs legal representatives that on 26-5-1941 a sum of Rs.3000 was also paid to the plaintiff. On 23-6-1941 the plaintiff-decree-holder filed a memo in the lower court reporting settlement out of the court. There was also another memo filed by him for entering full satisfaction of the amount due under the decree. Both these memos were retu