( 1 ) THIS appeal is from the judgment of our learned brother, Sambasiva Rao. JJ. , given in A. S. No. 267 of 1965, whereby the learned Judge allowed the appeal filed by the 4th defendant against the trial Court s decree in O. S. No. 52 of 1962, and exonerated him from the liability under the mortgage and substituted plaint B Schedule property as security for A Schedule property.

( 2 ) THE material facts leading to this Letters Patent Appeal may briefly be stated; Defendant No. 1 is the father of defendants 2 and 3 and karta of the joint family comprising of himself, his sons, and a coparcener, defendant No. 4. For the marriage of his minor son, defendant No. 2, the 1st defendant borrowed and received Rs. 13,000. 00 from the plaintiffs and as security, mortgaged plaint A schedule properties. At a family partition, a part of the A schedule properties, which was the subject-matter of mortgage, fell to the share of defendant No. 4, and B schedule property to defendant No. 1. The plaintiffs filed O. S. No. 52 of 1962 in the Court of the Subordinate Judge, Narasaraopet for the recovery of the money due under the mortgage and for substitution of B schedule property for A