JUDGMENT :- This appeal is directed against the judgment and decree of the learned principal Subordinate Judge, Coimbatore, dismissing the appellants suit to enforce two mortgages executed in his favour and dated respectively 2nd October 1942 and 10th February 1944, the first of them securing repayment of a sum of Rs.3000 and the second a sum of Rs.7000. Both the mortgages were with possession and, prescribed specific periods for redemption. The first of the mortgages recited (original in Tamil -Ed).

"Moontu varusha vaida theerndhadhum nan melpadi asal thugaiyai umakku chelutti adiyil kanda sottukkali meethukkolvenagavum."

A similar recital was also found in the other mortgage. The defence to the suit was that the mortgages were usufructuary ones and as such the suit to enforce them by bringing the hypotheca to sale was not maintainable. The defendant also claimed that inasmuch as he had, under S.83 of the Transfer of Property Act, 1882, deposited the monies due under the mortgages, as scaled down by the provisions of Sec.9-A of the Madras Agriculturists Relief Act, 1938, as amended by Madras Act XXIV of 1950, the plaintiff could not recover the amount by means of a suit. Th