1. The plaintiff is the appellant. The plaint properties originally belonged to one Variathu. He had executed a Will in 1077 bequeathing all his properties to his daughter Anna Meenka and her male issues, one of whom is the 4th defendant. The 5th defendant is the son of another son of hers by name Ouseph who died in 1091. Anna Meenka and Ouseph's wife had executed a mortgage in 1091 to one Yohannan Kathanar for the plaint properties and took back the same on lease. Yohannan Kathanar had filed O.S. 979/1100 in the Munsiff's Court of Alleppey for arrears of pattom and for recovery of possession of the properties. The same mortgagors had also hypothecated the properties to one Ummer Kutti who obtained a decree in O.S. 1628/1098 on the same. While so, the 4th defendant filed O.S. 1232/1102 in the Alleppey Munsiff's Court for a declaration of his 1/2 share and for recovery of the same after division by metes and bounds after declaring that the decrees in O.S. 979/1100 and O.S. 1628/1098 and the Otti deed of 1091 to Yohannan Kathanar were not binding on him or his share in the property. The 5th defendant had also filed a similar suit O.S. 1522/1105 for the identical reliefs.