JUDGMENT : This appeal arises in a suit for redemption of a usufructuary mortgage. The plaintiff acquiring the equity of redemption under a sale deed Ex. A. 2 dated 05-4-1947, executed by Kalian, the son of Rajagopal Chetti instituted the present suit for redemption. The property was usufructuarily mortgaged by Rajagopal Chetti, the father of the vendor of the plaintiff, and his brother Krishnan Chetti to Sabji alias Abdul Rahiman for Rs. 2000 on 03-1-1926 (Ex. 13. 2).

Subsequently on 12-7-1926 a simple mortgage, Ex. B. 3 was executed by Rajagopal Chetti to the same mortgagee for a further advance of Rs. 500. The interest of Krishna Chetti was purchased by the mortgagee under Ex. B. 6 dated 15-9-1928. The suit for redemption by the plaintiff was resisted on two grounds, namely, that the plaintiff was entitled to redeem only a moiety of the property since he claimed under a sale deed executed by the son of one of the mortgagors, the other mortgagor having already parted with his interest in the property in favour of the mortgagee.

This contention was met by the plea that the property absolutely belonged to Rajagopal Chetti and his brother Krishnan Chetti had no interest and w