Sadasivam, J.- Plaintiffs 1 and 2 are the sons of plaintiffs 3 and 4, who were added as the legal representatives of the second plaintiff who died during the pendency of the suit. One Mohamad Ghouse Khan Sahib, the father of the fourth plaintiff, executed a gift deed on 19th September, 1938, in respect of the superstructure of house No. 13, Fakir Saheb Street, First Lane, Triplicane, Madras, in favour of his grandsons plaintiffs 1 and 2, who were then minors represented by their father and guardian Mohammed Mahaboob Khan, the fourth plaintiff in the suit. Exhibit A-1 is a registration copy of the gift deed and it shows that the property has been valued at Rs. 1,000. At the time of the gift there was a mortgage, Exhibit B-1 dated 25th April, 1938, executed by Mohamed Ghouse Khan for Rs. 300 over the property covered by the gift deed. The donor directed the mortgage to be redeemed from out of the income and profits from the property gifted by him. The fourth plaintiff paid only a sum of Rs. 55 towards the principal till the end of 1946. On 10th October, 1946, he agreed to sell the property covered by the gift on behalf of his minor sons to one Abdul Azeez Sahib and received Rs. 300 and redeemed the mortgage Exhibit B-l by paying Rs. 245 on 14th December, 1946, as evidenced by the endorsement Exhibit B-2. He executed the sale deed, Exhibit B-3 dated 7th June, 1947, as guardian of his minor sons in favour of Abdul Azeez Sahib for Rs. 500 and received the balance of consideration of Rs. 200 for the maintenance expenses of the minor sons. Abdul Azeez Sahib sold the property purchased by him under Exhibit B-3 to one Gulam Ahmed Sahib for Rs. 700. Gulam Ahmed Sahib sold the superstructure on the western portion described as 13-A Fakir Sahib Street, First Lane, Triplicane, under Exhibit B-9 dated 31st January, 1948, for Rs. 5,500 in favour of Mohamed Yusuf Sahib. The heirs of Mohamed Yusuf Sahib at first executed the mortgage Exhibit B-10 dated 10th September, 1956, in favour of one Bano Prasad Davay and subsequently sold the property under Exhibit B-14, dated 29th April, 1957, in favour of the first defendant. Gulam Ahmed Sahib sold the eastern half of the superstructure purchased by him under Exhibit B-4 in favour of Muthu Kannammal for Rs. 1,000 under Exhibit B-19 dated 26th July, 1947, and she in her turn sold the property to Amirthavalli Ammal under Exhibit B-22, dated 20th August, 1948, for Rs. 1,500. The second defendant is the mother and heir of Amirthavalli Ammal. It should be noted that the first defendant and the second defendant’s daughter Amirthavalli Ammal have purchased the sites of the respective superstructures from the owner Krishnadas Lala under Exhibits B-12 and B-23 respectively. The third defendant has been impleaded as the mortgagee from the said Amirthavalli Ammal. Defendants 4 to 7 are the vendors of the first defendant. The 8th defendant was impleaded under Order 8-A, Civil Procedure Code, at the instance of the first defendant.

2. Plaintiffs 1 and 2 filed the suit in forma pauperis for a declaration that they are entitled to items 1 and 2 of the plaint A schedule properties, which are described as superstructures bearing former door Nos. 13 and 12, Fakir Sahib Street, First Lane, Triplicane, by virtue of the gift deed under the original of Exhibit A-1 in their favour, and for possession of the same with past mesne profits Rs. 870 from the first defendant and Rs. 1,080 from the second defendant and future mesne profits. Their case is that the alienation made by their father is void and not binding on them. The suit was contested by defendants 1 and 2. The learned Third Assistant judge, City Civil Court, Madras, found that the sale deed Exhibit B-3 executed by the fourth plaintiff as guardian of his minor sons was not binding on plaintiffs 1 and 2, that defendants 1 and 2 were however, entitled to rights by way of subrogation in respect of the mortgage debt of Rs. 245 discharged out of the sale consideration of

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