1. These second appeals arise out of two suits for redeeming the same mortgage by two sets of heirs of the mortgagor. S. A. No. 511 of 1961 arises out of O. S. No. 118 of 1954; and S. A. No. 880 of 1961 arises out of O. S. No. 535 of 1953. In the former suit the trial court granted a decree for redemption, while in the latter the trial court granted a declaration that the plaintiffs therein had also right in the equity of redemption, but dismissed the suit, as all the necessary parties were not impleaded. In both the suits the contesting defendants filed appeals before the lower appellate court; and the lower appellate court has allowed both the appeals. Against those decisions the second appeals have been brought by some of the plaintiffs in the respective suits.

2. The property originally belonged to a Syed Meeravu Rowther; and he and one of his sons by name Syed executed the suit mortgage, Ex. P-1, in 1079 to third parties. Syed Meeravu died; and Syed sold the equity of redemption to the mortgagees in 1087. In 1097 five plaintiffs, the heirs of Syed Meeravu, filed O. S. No. 517 of 1097 for setting aside the sale. In that suit the first plaintiff in O. S. No. 118 of 19