( 1 ) THE Judgment of the Court was delivered by The Hon ble Mr. Justice chandra Reddy. Defendants 1, 3 to 5 and 7 are the appellants. This appeal is directed against the Decree and Judgment of the Subordinate Judge of Kurnool. The suit giving rise to this appeal was instituted by the 1st respondent for partition and for separate possession of his th share in the plaint scheduled lands and for ther incidental reliefs. In order to appreciate the controversies that arise in this appeal, it is necessary to trace briefly the history of this litigation. The properties involved in the appeal belonged originally to one Amthul Khadar bibi the mother of the appellants. She died on 26-5-1923 leaving behind her, her mother the 7th defendant, her husband the 6th defendant and the appellants. Prior to her death, she and her husband borrowed moneys from the plaintiff, some times on the security of her properties and some times on promissory notes. On 28-9-1929, the appellants and the 6th defendant executed a mortgage deed for a stated consideration of Rs. 38,000/- made up of various items of consideration which need not be detailed here. Suffice it to say that they included the debts incurred by
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