This appeal arises from a suit for recovery of amounts due under a mortgage evidenced by Ext. P-4 dated 29-11-1954. The appellant who is the 2nd defendant is a transferee from the 1st defendant of Item 2 of the plaint Schedule under Ext. P-21 dated 18-7-1963.

2. The facts may be briefly stated : On deposit of title deeds by the 1st defendant with the plaintiff-Bank as evidenced by Ext. P4 memorandum dated 29-11-1954, the Bank granted in favour of the 1st defendant a loan for a sum of Rs. 5,000/-. The equitable mortgage was in respect of a property obtained by the 1st defendant and her son under Ext. P3 partition dated 14-11-1109 M.E. The property mortgaged is item 1 of the plaint schedule. At the time of Ext. P-3 the 1st defendant had only a minor son aged 2 years. Three sons were born to her after the partition. At the time of Ext. P4, save the first son, all the others were minors. O.S. No. 51 of 1963 was instituted by the Bank for the realisation of the amounts due from the 1st defendant under the loan arrangement. Her sons figured in that suit as defendants 2 to 5. They questioned the validity of the equitable mortgage (Ext. P4) on the ground that the 1st defendant