PALANISWAMY, J. :- These two appeals arise out of two suits disposed of by a common judgement by the Subordinate Judge of Sivaganga. In both the suits (O. S. 54 of 1961 and O. S. 55 of 1961) the plaintiff was the same. The plaintiff Kasiviswanathan Chettiar is the son of one Samasundaram Chettiar. Angu Pillai alias Kalyani Achi the sole defendant in O. S. 54 of 1961, had obtained a money decree in O. S. 1 of 1959 on the file of the Subordinate Judge, Sivaganga, against Subramania Chettiar, and attached certain properties in execution of that decree. The plaintiff intervened with a claim under Section 47 C.P.C. contending inter alia that the money of his mother Kuppachi alias Visalakshi had been deposited with the joint family, which was having money lending business in Malaya, Burma and Madurai, and that on the death of his mother, he as the sole heir, become entitled to the said amount, that the amount was calculated and settled at Rupees 40,000 that his father had executed an agreement on 28-10-1955 (Ex. A. 22) agreeing to mortgage the properties against which attachment was sough for and that, therefore, the decree-holder in O. S. 1 of 1959 should be directed to bring t