1. Both these appeals are directed against the decree in O.S. No. 21 of 1121 on the file of the Trivandrum District Court. The 1st defendant along with her assignee has preferred A.S. No. 614 challenging the correctness of the decree so far as it is against the 1st defendant. The plaintiff has preferred A.S. 676 against that portion of the decree which is against her.

2. The plaint schedule properties belonged to one Gomez and they had been hypothecated in favour of the 1st defendant on 28.8.1094 for a consideration of Rs. 2200/-. On the death of Gomez these properties were partitioned by his three sons and each of them took the properties separately as shown in Schedules A, B and C, subject to the liability to discharge the subsisting debts. John George Gomez, to whose share the A schedule properties were allotted, had been directed to pay off the hypothecation debt due to the 1st defendant. For a few years he continued to pay the interest due on that debt, and thereafter he sold the A schedule properties to his son-in-law Elias Fernandez with a direction to discharge the entire debt. The vendee failed to comply with that direction and accordingly the 1st defendant sued