Srinivasan J.

The plaintiff who has failed in the trial court is the appellant herein. He is the son of one Lakshmanaswami Naidu who is the 1st defendant in the suit. The 2nd defendant is his brother. The 3rd defendant is the mortgagee under a document dated 6. 1969 executed by the 1st defendant, 2nd defendant and the plaintiff represented by his father and guardian, the 1st defendant. The 4th defendant is the auctioneer. Defendants 5 to 11 are the purchasers in the auction held by the 4th defendant under section 69 of the Transfer of Property Act initiated by the 3rd defendant, the mortgagee.

2. The case of the plaintiff as set out in the plaintiffs in short as follows:-The plaintiff and defendants-1 and 2 were members of a joint family which had several ancestral properties. The plaintiff is entitled to 1/3rd share therein. Certain alienations were made by the 1st defendant which were not for the purpose of the family or for the benefit of the family. They were effected for illegal purposes. The 1st defendant is a spend thrift and he utilised the funds for discharging his avyavaharika debts and for that purpose, he effected alienations. On 21. 1973, the 3rd and 4th d