JUDGMENT :- The appellants are the defendants in a suit instituted in the Court of the District Munsif of Tiruvayaru or recovery of sums due upon a mortgage, there were several defences to the suit, which do not now concern us in the form in which they were originally raised, out we may note that, in the first appeal the learned District Judge, Tanjore, confirmed the decree of the learned District Munsif in favour of the plaintiff and in doing so, formulated three points as arising for determination in the appeal. The first was about the truth of the agreement put forward by the defendants as a defence to the action, to the effect that the plaintiff should make a further advance of Rs. 1500 and that there should then be, superseding the contract between the parties, a fresh mortgage. On this point both the Courts below have held against the truth of the alleged agreement and this is really no longer in controversy. The second point was whether the plaintiff, who was not put in possession of the hypotheca as he should have been under the agreement according to the concurrent findings of the Courts below, would be entitled to the interest claimed though no rate of interest a