1. This second appeal is directed against an appellate order of the Nagercoil District Court raising an attachment effected in execution of a decree of the Padmanabhapuram Munsiff's Court over two items of immoveable properties. The execution court overruled the objection of the legal representative of the deceased defendant that the properties were not liable to attachment; but her appeal before the District Court was successful. The legal heirs of the assignee-decree-holder at whose instance the attachment was effected have brought this second appeal against the learned District Judge's order.

2. The relevant facts of the case are as follows. The decree directed the realisation of the amounts due thereunder by sale of the hypotheca and personally from the defendant. The defendant who was a junior member of a Nair tarwad, had while the tarwad remained undivided acquired two mortgage rights over the attached properties and under the tarwad partition evidenced by Ext.1 dated 20.3.1102 these rights together with other properties were set apart to a group composed of himself and the respondent, a grand niece of his. After the division a further mortgage right over the same