1. This second appeal is by the defendants 1 to 3 and arises out of a suit for declaration that Ext. D sale-deed executed by the 1st plaintiff in favour of the 1st defendant was void and inoperative. The trial court dismissed the suit while the lower appellate court allowed it and hence this second appeal.

2. The 1st plaintiff is the mother of the 1st defendant and mother's mother of the second plaintiff. The common Tarwad of those parties had effected a partition in 1098 and the branch of the 1st plaintiff and the 1st defendant was again sub-divided in 1103 whereby the plaint properties items 1 to 9 were set apart to the 1st plaintiff. The 1st plaintiff had executed a hypothecation of other property belonging to the sub-Tarwad and covered by the partition deed of 1103 but this transaction was being questioned by the 1st defendant and other junior members. According to the 1st plaintiff apprehension was entertained that these hypothecatees might file suit on the hypothecation bond and also levy attachment before judgment over the plaint items and therefore the 1st plaintiff was persuaded by the 1st defendant and others to execute a hypothecation bond in favour of her dau