Sir George Rankin:-

In this case three appeals have been consolidated : two of these relate to minor questions as to interest, but the main appeal [C. M. P. No. 4220 of 1928] raises questions of more importance. These arise out of a mortgage suit brought on 15th April 1905, in the Court of the Subordinate Judge of Madura. The appellant in the main appeal (herein called "the appellant") is the grandson of the original mortgagor, whose eldest son, the appellant's father was defendant 1 to the suit. This defendant died pending suit and the appellant now represents the mortgagor: on one point, to be mentioned later, he has independent interests of himself and of his father to defend. Respondents 8 to 11 are the contesting respondents to the main appeal. They are the representatives of the original plaintiff in the suit. Subramaniam Chettiar who had succeeded his father Ramanathan Chettiar the original mortgagee. The decree dated 12th September 1917 of the trial Judge was modified in certain respects by the High Court of Madras whose decree, dated 26th April 1938, disposed of eleven appeals brought by divers parties. Their Lordships are concerned with two only of the appeals brought to t