1. This is an appeal under, Clause 15, Letters Patent, against the judgment of Spencer, J., in Rangayya Naidu v. Rasava Simon A.I.R. 1926 Mad. 594, dismissing the plaintiffs suit for redemption.

2. The facts are briefly these: The suit property belonged to one Anga Narasimhalu who died leaving a widow Rangamma and two daughters. The widow put forward Anga Ramaswamy as having been adopted to her deceased husband. On 6th April 1902, the suit property was mortgaged in favour of defendant 1 by the adopted son represented by his guardian, the adoptive mother. On 2nd May 1906. another mortgage, Ex. B, was executed by the widow as the guardian of the adopted son, in which the prior mortgage was merged. The plaintiffs suit out of which this Letters Patent Appeal arises was instituted for the redemption of this mortgage, Ex. B. After executing the said mortgage the widow Rangamma sold the suit property to the plaintiffs father on 2nd July 1910. On 6th July 1910, the adopted son who had attained majority sold the property to one Vaddadi Ramaswami who in his turn sold it to one Venkata Rao. In O.S. No. 51 of 1910 on the file of the Subordinate Judges Court of Vizagapatam the plaintiffs