JUDGMENT :- This second appeal which raises an interesting point of law under S. 77, Registration Act is preferred against the decree and judgment of the learned Subordinate Judge of Madurai in A.S. No. 39 of 1956, confirming the decree and judgment of the learned District Munsif of Madurai taluk in O. S. No. 86 of 1955.

2. The facts are : The plaint properties belong to defendants 1 and 2. They usufructuarily mortgaged the said properties along with other properties to the plaintiff under a registered othi deed dated 25-5-1951. The plaintiff has been in possession of the properties from that date. The properties were leased back to defendants 1 and 2. They defaulted in the payment of rent. The plaintiff thereupon instituted S.C.S. No. 113 of 1953 on the file of the District Munsifs court, Melur, for recovery of the said rent and obtained a decree. The defendants 1 and 2 thereupon requested the plaintiff to take a sale of the properties for Rs. 3075/-in discharge of the othi amount and the decree amount. The plaintiff agreed to it and a contract of sale was entered into on 15-6-1954. Defendants 1 and 2 executed a sale deed on 17-6-1954. The plaintiff paid a sum of Rs. 300 i