Rajamannar, C.J.- All these appeals arise out of proceedings in execution of the decree in O.S. No. 90 of 1950 on the file of the Subordinate Judge’s Court of Tanjore. That suit was brought on foot of a mortgage executed by one Ramiah Asari, on behalf of himself and his minor son, in favour of Natesa Asari. The suit was actually brought by the executor appointed under the will of Natesa Asari who died before the suit. ‘Ramiah Asari, the executant, was impleaded as the first defendant, and his son, who was then a minor, was impleaded as the second defendant, represented by his mother as guardian. A separate written statement was filed on his behalf challenging the validity of the mortgage. Two grounds, namely (1) that the properties comprised in the mortgage were trust properties of which Ramiah Asari was only a trustee and, (2) that even assuming that they were the ancestral properties of the family, the father, Ramiah Asari, had no power to make the alienation as there was neither any antecedent debt nor legal necessity to support it, were urged. There was also a plea raised that Ramiah Asari was addicted to immoral ways of life and the debts secured by the mortgage were incurred

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