Palanisuiamy, J.-These two appeals arise out of two suits disposed of by a common judgment by the Subordinate Judge of Sivaganga. In both the suits (O. S No. 54 of 1961 and O. S. No. 55 of 1961) the plaintiff was the same. The plaintiff Kasiviswanathan Chettiar is the son of one Somasundaram Chettiar. Angu Pillai alias Kalyani Achi the sole defendant in O. S. No. 54 of 1961, had obtained a money decree in O.S. No. 1 of 1959 on the file of the Subordinate Judge, Sivaganga against one Subramania Chettiar and attached certain properties in execution of that decree. The plaintiff intervened with a claim under section 47 of the Code of Civil Procedure 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, that on the death of his mother, he as the sole, heir, became entitled to the said amount, that the amount was calculated and settled at Rs. 40,000 that his father had executed an agreement on 28th October, 1955 (Ex. A-22) agreeing to mortgage the properties against which attachment was sought for and that, therefore, the decree-holder in O. S. No. 1 of

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