Judgment

RAMASWAMI, J. : In the suit which is the subject-matter of this appeal the plaintiffs alleged that Plaint A Schedule properties belonged to the second defendant and his son, the third defendant. The second defendant sold the village for Rs. 28,000 to one Swaminatha Sarma by a sale-deed Ex. A, dated December 12, 19l2 which he executed for himself and as guardian of the third defendant who was then a minor. The second defendant also agreed to indemnify any loss that might be caused to his vendee in case the sale of his minor Son s half share should later on be set aside. Accordingly the second defendant executed the Indemnity Bond-Ex. B in favour of Swaminatha Sarma. The sons of Swaminatha Sarma sold Plaint A Schedule village to the father of the plaintiffs for a sum of Rs. 53,000. On the same date they assigned the Indemnity Bond-Ex. B to the father of the plaintiffs under an Assignment Deed- Ex. D. The third defendant after attaining majority filed O. S. No 640 of 1923 in the Chief Court of Pudukottai for setting aside the sale-deed-Ex. A in respect of his share and for partitions of joint family properties. The plaintiffs were impleaded as defendants 108 and 109 in tha