The plaintiff in O.S.No.346/82 on the file of the Additional District Munsif, Padmanabhapuram, is the appellant in the second appeal. The suit is for partition.

2. The plaintiff's case was as follows:

The suit properties originally belonged to Bhavathy Amma. On her death, they devolved on her two daughters Valliamma and Ananchi Pillai. Valliamma, the first defendant in the suit, and her sister the said Ananchi Pillai became entitled to one half share in each of the suit properties. Their brother Ramaswamy Pillai was looking after the suit properties. Taking advantage of this position, Ramaswamy Pillai fraudulently created a mortgage in 1099 M.E.in respect of the suit properties behind the back of his sisters. The above mortgage was assigned in favour of one Mohammed Abdul Rahman Alim Sahib and he got possession. Ramaswamy Pillai executed another mortgage in favour of Abdul Rahman Alim Sahib giving credit to and extinguishing the 1099 M.E.mortgage and receiving additional amount. On coming to know about these transactions, the first defendant Valliamma filed a suit against Ramaswamy Pillai and his mortgagee, also impleading Ananchi Pillai as one of the defendants for decla