Lord Thankerton.:-

The appellant, who is defendant 2 in a suit brought by the respondent to enforce a mortgage, appeals from a decree of the High Court of Judicature at Madras dated 20th April 1937, which modified a decree of the subordinate Judge of Devakottai dated 31st July 1930. The mortgage in suit was executed on 22nd December 1916, in favour of Ekappa Chettiar by Annamalai Chettiar, who is defendant 1 in the present suit, "for himself and as family manager and guardian of his undivided younger brother Ramanathan," the present appellant, for the sum of Rs.5000, on the security of certain properties belonging to the joint undivided family. The consideration was stated to have been received "by your obtaining the same and paying the same towards the debts due by our common firm at Colombo."

Chokalingham Chettiar, who had three daughters by his first wife, but no son, adopted defendant 1 as his son. After the death of his first wife, he married a second wife, by whom he had a son, the appellant. Chokalingham, who died in the early part of 1910 or sooner, carried on a business in Colombo. The appellant and defendant 1 are members of an undivided Hindu family, governed by the Mitaks