1. This appeal is directed against the Judgment and decree of the learned Subordinate Judge, Thanjavur in A.S. No. 124 of 1993 confirming that of the learned District Munsif, Thanjavur in O.S. No. 461 of 1990. The first defendant in the suit is the appellant in the above Second Appeal.

2. The plaintiff filed the above suit, for the relief of a preliminary decree for redemption directing the defendants to put the plaintiff in possession of the property-hypotheca within a time to be stipulated by the court and in default, to pass a final decree and to direct the property being delivered and also for future profits to be paid at the rate of Rs. 400/- per month from the date of the plaint till actual delivery is given to the plaintiff.

3. According to the plaintiff, the suit properties in T.S. No. 1264 originally belonged to one Sivasankaran Pillai, brother of the plaintiff herein. He had othied the same in favour of the first defendant on 19.8.1977 for a valuable consideration of Rs. 7,000/-. The usufructuary mortgagee was duly put in possession of the properties. The defendants 2 to 5 were the tenants under the first defendant. Sivasankaran Pillai died on 22.7.78 and while