C R N KANDASWAMY CHETTIAR Vs. PAKKIRISWAMY PILLAI

JUDGEMENT

(1.) This second appeal arises out of a suit instituted on a mortgage bond, Ex. A, dated 8th March 1911, executed by defendant 1 to one Swayamprabai Ammal for Rs 3,000 and assigned by the latter to the plaintiff under Ex. E dated 11 January 1922. In modification of the decree passed by the District Munsif in favour of the plaintiff, the appellate Court exonerated items 1 and 3 of the suit property on the ground that these had been redeemed by defendants 4 and 3 respectively. This second appeal by the plaintiff relates solely to those items.

(2.) To discharge the mortgage debt defendant 1 sold item 1 under Ex. 1 to defendant 4 for Rs. 1,900 and item 3 under Ex.5 to defendant 3 for Rs 1,000. Under the sale-deeds, these defendants were required to redeem these item) from the mortgage under Ex. A. They claim in this suit to have redeemed those items They obtained receipt, Exs. O and Order 1 from the mortgagee for the gum paid by them. It is admitted that the payments were made by these defendants. It is also admitted that endorsement was made on the mortgage bond to the effect that the payments had been made and that the items have been released. Bat this endorsement has not been signed by anybody. The receipts given to those defendants after reciting the fact of payment state: This itself shall be treated as receipt for the above sum...having been credited to the above mortgage deed and the said property having been released from the above mortgage deed, and I have herewith given the title-deed relating to the said property: See Ex. O.

(3.) The receipts are stamped each with one anna but these and the endorsement on Ex A have not been registered.