This appeal arises out of a suit filed by the Kumbakonam Bank, Limited, represented by its Managing Director S. Mahalingam Iyer, for the recovery of Rs. 51,052.50 on an equitable mortgage executed by the first defendant. The bank impleaded the other members of the joint family, to have the decree binding on them, if it is found that the mortgaged properties are joint family properties. The 12th defendant in the suit was originally the owner of a major portion of the mortgaged properties covered by plaint A-1 Schedule. The 12th defendant sold the property to the first defendant on 29th May, 1942, for Rs. 95,000. A major portion of the consideration was paid by the first defendant, and for the balance of Rs. 5,000 he executed a promissory note in favour of the 12th defendant. Subsequently, he filed a suit O.S. No. 22 of 1953 on the file of the District Court, Nagapattinam, against the first defendant alone, and obtained a charge decree, in respect of the properties mentioned in plaint A-2 Schedule, a part of plaint A-1 Schedule. In pursuance of this decree, the 12th defendant brought the charged properties for sale, and the same was purchased by the 13th defendant. He obtai