SUBRAMANIAN POTI, J. :- The second defendant in the suit, one Sastha Pillai, along with his mother, the first defendant executed a simple mortgage of items 2 to 5 and 1 acre 71 cents out of item 1 in the plaint schedule in favour of the 3rd defendant, the Caldian Syrian Bank Limited, Trichur, Sastha Pillai belonged to a family governed by Hindu Mitakshara Law and the properties dealt with by him under this mortgage, Ext. D2 of 8-10-1954 were those obtained by him on the death of his father and therefore were necessarily ancestral properties in his hands. The third defendant bank obtained a decree on Ext. D2 mortgage in O. S. 9 of 1957 of the Sub Court, Tiruvalla. This was on 24-3-1957. On 1-2-1961 the second defendant and his mother together executed a sale deed for the entire item 1 in favour of the 4th defendant. Item 1 constituted, besides the 1 acre 71 cents included in the simple mortgage, Ext. D2, comprised in Survey No. 472/2, an extent of 1 acre 12 cents in Survey No. 471/11 also together making 2 acres 83 cents. It was this 2 acres 83 cents that was so sold under Ext. D1. The property comprised in Survey No. 471/11, 1 acre 12 cents was that acquired by the first (