This is an appeal arising from the decree and judgment of the learned Subordinate Judge, Dindigul, in A.S. No. 21 of 1954, confirming the decree and judgment of the learned District Munsif, Dindigul, in O.S. No. 72 of 1953.

Kuppanna Pillai, Ammayappa Pillai and Arumugham Pillai were three brothers who effected a partition 25 years ago. The lands in suit fell to the share of Arumugham Pillai. Plaintiffs 1 to 3 are the sons of Kuppanna Pillai. Plaintiffs 4 and 5 are the sons of Ammayappa Pillai. Arumugham Pillai died in 1949, leaving defendant 1, his widow, as his heir. Defendant 1 has mortgaged the suit lands in favour of defendant 2 by a deed, dated 3rd February, 1953 for Rs. 2,500.

It is in these circumstances that the plaintiffs have filed a suit for a declaration that the mortgage deed, dated 3rd February, 1953, executed by defendant 1 in favour of defendant 2 is not valid and binding upon them, the reversioners, beyond the lifetime of the widow, on the ground that there was no necessity to mortgage the lands and that the mortgage is not supported by consideration.

Defendant 1 remained ex parte. Defendant 2 contested the suit on the ground that the mortgage was validly exec