Judgment

AYYANGAR, J. : This appeal is directed against the judgment of the High Court of Kerala and has been filed on the strength of a certificate of fitness granted by the High Court under Art. 133(1)(a) of the Constitution.

2. The appeal arises out of a suit filed by the respondent - The Chaldean Syrian Bank Ltd. - which for shortness we shall refer to as the Bank for the recovery of certain sums due on a mortgage by deposit of title executed by Kalayanasundaram Pillai - the appellant s father who was impleaded as the 1st defendant and is now the 2nd respondent before us.

3. The mortgage on which the Bank laid this suit was evidenced by Ex. E a memorandum recording the deposit of title deeds of certain properties in the former Princely State of Cochin. The debt for which the said deposit was made was the principal and interest due on two promissory notes for Rs. 50,000/- and Rs. 30,000/- respectively which were marked as Exs. A and B in the case. It was not in dispute that the property which was the subject of mortgage belonged to the joint family composed of the 1st defendant and his son - the appellant. The appellant was a minor on the date of the suit transaction and even at