JUDGMENT

Raveendran, J.—This appeal by special leave is filed by the legal representatives of the plaintiffs in a suit for redemption of mortgage.

2. Brief facts necessary for disposal of this appeal are :—

2.1) One Manickam Pillai obtained a loan of Rs. 300 - from Krishna Pillai and mortgaged his property situated in Prithivimangalam Village. Thyagadurgam Taluk, (for short ‘the suit property’) in favour of the said Krishna Pillai under a usufructuary mortgage deed dated 7.9.1935 (Ex.A-1). The deed provided that mortgagee is entitled to be in possession of the mortgaged property in lieu of interest till redemption.

2.2) The mortgagee (Krishna Pillai) assigned the said mortgage in favour of one Soundararaja Iyenger (also known as Soundararaja Achariar) under registered deed dated 12.2.1954 (Ex. A-3) by receiving Rs. 300/- from the assignee and delivered possession of the suit property to the assignee. The said assignee. Soundararaja Iyenger died leaving him surviving his widow Jayalakshmi Ammal and son Krishnaswamy Iyenger (defendants 1 and 2 in the suit).

2.3) The mortgagor Manickam Pillai died some years after executing the mortgage deed, survived by his widow and four daughters. His w