1. This is an appeal by the defendant by leave granted by Mr. Justice Kumara Pillai from his decision in S.A. No. 428 of 1950. The suit is for setting aside a mortgage deed and for recovery of possession of property with mesne profits. The plaintiff is a Hindu Nadar. He had a brother, Swaminathan, who became a Christian and died intestate in 1108. The plaint schedule property belonged to Swaminathan. After Swaminathan's death his wife Paranchothi, mortgaged the property to the defendant for 2100 fanams on 19.1.112 (Ext. I). Paranchothi died in 1115. Plaintiff brought this suit in 1116 for setting aside the mortgage and for recovering possession of the property with mesne profits. It was alleged that the plaintiff was the sole heir of Swaminathan, that Paranchothi was not Swaminathan's legally wedded wife, that she had no manner of right to the plaint property, that she was not competent to execute the mortgage and that the mortgage was not supported by consideration and necessity.

2. The defendant contended that Paranchothi was Swaminathan's legally wedded wife, that she was solely entitled to the property after Swaminathan's death, that she was therefore competent to ex