Ramachandra Iyer, J.-

This appeal arises out of a suit instituted by the appellant for a declaration of his title to and recovery of possession of house No. 37, Saravana Perumal Mudali Street, Purasawalkam, Madras. The house was originally owned by two brothers, Sarangapani Pillai and Janakiram Pillai who constituted members of a joint Hindu family. The appellant is the son of Sarangapani Pillai. On 18th May, 1934, the latter on his behalf as well as that of his minor son, the appellant and along with Janakirama Pillai executed a simple mortgage of the house in favour of one C.V. Subramania Iyer (D.W. 1) for a sum of Rs. 1,000 stated to be borrowed for the marriage expenses of Janakirama Pillai and for effecting repairs to the house. Subsequent thereto, the same creditor appears to have advanced further sums on promissory notes, which need not, however, be referred to in detail as they were subsequently consolidated and two mortgages bearing dates 2nd September, 1937 and 21st January, 1938 (Exhibits B-5 and B-8), were executed over the same property for Rs. 500 and Rs. 200 in lieu thereof. By the year 1940 both Janakirama Pillai and Sarangapani Pillai had died. The latter was survi

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