Muttusami Ayyar, J.

1. This was a suit to redeem a kanom dated September 1849. Respondents the present jenmi and appellant is the assignee of the kanom right. In Original Suit No. 493 of 1886, the former sued the assignor of the latter for redemption of the kanom, and obtained a decree which directed surrender of the property under kanom on payment of the kanom amount and the value of improvements within three months from the date of the decree, i.e., 28th June 1887. Respondent, however, failed to pay into Court the amount he was ordered to pay within the appointed time, and his application to execute the decree afterwards was held barred. The decree, however, contained no declarations that, on default of payment on or before the due date, the mortgage be foreclosed or the property be sold. In January 1890 respondent brought the present suit for redemption and his claim was resisted on the ground that it was barred by the former decree. Both the Courts below decreed redemption and relied on the decisions of the High Court in Sami v. Somasundaram I.L.R., 6 Mad., 119, Periandi v. Angappa I.L.R., 7 Mad., 423 and Karuthasami v. Jaganatha I.L.R., 8 Mad., 478. It is contended for