K.K. Mathew, J.

1. The suit, out of which this appeal arises, was instituted by the plaintiff the appellant, for a declaration that a hypothecation bond executed by the 1st defendant in favour of the 2nd defendant is valid only to the extent of the interest of the 1st defendant in the property in question. The property was purchased in the name of the 1st defendant, the second wife of one Arumugham Pillai Sivantha Perumal; the plaintiff being his son by his first wife. It was recited in the sale deed Ext. P-1 that the consideration for it has proceeded from the husband of the 1st defendant, that the 1st defendant is to have a life interest in the property and that after her death the full interest in the property shall devolve on the plaintiff and his male children. The case of the plaintiff was that according to the provisions in the recital the 1st defendant has only a life interest in the property, that the remainder vested in the plaintiff and that the hypothecation bond was valid only to the extent of the interest of the 1st defendant.

2. The 1st defendant contended that she obtained an absolute interest in the property under Ext. P-1.

3. The learned Munsiff accepted the