Ratio-Attestation operates as proof of consent.

The lands in S.F.Nos. 24, 25; 30 and 31 in Sekkanur village, Pollachi Taluk, Coimbatore district, originally belonged to a joint family consisting of one Muruga Pillai and his two sons Arunachala and Ramakrishna. On 19th November, 1917, the father and the two sons executed a mortgage over these lands in favour of one Kuppuswamy Chettiar (Exhibit B-2). On the same date, they entered into a partition deed Exhibit B-1 Under the partition deed Muruga Pillai was allotted S.F. Nos. 24 and 25 along with rights in the well in S.F. No. 30 with the two picotahs while Arunachala was allotted S.F. Nos. 30 and 31. It is unnecessary for the purpose of the present appeal to take into consideration the properties allotted to the share of Ramakrishna. In that partition deed, the operative portion in relation to the allotment of the shares as between the three coparceners read as follows:

The document also contained the following clause with reference to the share allotted to Muruga Pillai:

2. On 5th December, 1918, Muruga Pillai mortgaged his share of the properties along with the well in favour of one Ramai Gounder and Rayakkal reciting therein that the said properties were allotted to Muruga Pillai absolutely under the partition (Exhibit B-3). On the same day, Arunachala mortgaged S.F. Nos. 30 and 31 without the well in favour of the same two persons under the original of Exhibit B-4. Muruga Pillai died in the year 1922. On 21st June, 1924, Arunachala mortgaged S.F.Nos. 30 and 31 along with half rights to the well in S.No. 30 to one Ramaswamy Iyer, the father of the plaintiff herein with a direction in the mortgage deed to redeem the mortgage under the original of Exhibit B-4. Subsequently, the Town Bank Ltd., Coimbatore, filed O.S.No. 439 of 1925 against Arunachala and Ramakrishna and obtained a simple money decree against them. In execution of that money decree, the Town Bank Ltd., had sold S.F.Nos. 24, 25, 30 and 31 in Court- auction subject to the mortgages under the originals of Exhibits B-3 and B-4. The properties were purchased by Nanjunda Gounder, the Secretary of the Town Bank, Ltd., Coimbatore. Exhibit B-5, the sale certificate in this behalf does not specifically mention about the suit well even though all the four survey fields had been mentioned as the property purchased under the Court-auction. Nanjunda Gounder in turn sold all the four survey fields to Nattuswami Gounder on 3rd September, 1927, under the original of Exhibit B-6. In the description of the property in this document, also, the suit well does not find a place. Subsequently on 14th October, 1927, Rayakkal and her sons filed O.S.No. 235 of 1927 on the strength of the mortgage created in their favour by Muruga Pillai under the original of Exhibit B-3. To that suit, the two sons of Muruga Pillai, Arunachala and Ramakrishna, the Official Receiver representing Ramakrishna and Nanjunda Gounder and Nattuswami Gounder were made parties. On 24th October, 1929, a preliminary decree was passed in that suit. Under that preliminary decree, the Secretary, Town Bank Ltd., namely, Nanjunda Gounder and Nattuswami Gounder were given the option to redeem the mortgaged property, but they did not do so. In that situation Ramaswami Iyer, the plaintiff’s father filed O.S.No. 177 of 1930 on 26th August, 1930, on the strength of the mortgage created in his favour under the original of Exhibit A-2. During the pendency of that suit, on 25th January, 1932, Nattuswami Gounder sold S.F. Nos. 30 and 31 along with the entire well in S.F.No. 30 to plaintiff’s father, namely, Ramaswami Iyer, retaining S.F. Nos. 24 and 25 to himself. S.F. Nos. 24 and 25 along with the well, were brought to sale in execution of the decree in O.S.No. 235 of 1927 and the same were purchased by Rayakkal and her sons as evidenced by the sale certificate, dated 15th January, 1936, namely, Exhibit B-8. The purchasers took possession of the properties through the Court. Rayakkal sold S.F. Nos. 24 and 25 along with t