Rajamannar, C.J.-Both these appeals arise out of the same suit, O.S. No. 225 of 1950 on the file of the Subordinate Judge of Salem. That was a suit filed by the South Indian Bank Limited, hereinafter referred to as the plaintiff, for recovery of a sum of Rs. 54,672-1-5 by sale of properties covered by an alleged mortgage by deposit of title deeds in Coimbatore with the Coimbatore branch of the plaintiff bank, on 28th July, 1947, by the first defendant. The second defendant is the son of the first defendant and they are members of a Hindu joint family. The plaintiff alleged that as the mortgage was executed for purposes of the family business, the share of the second defendant in the suit properties was liable for the suit claim. The third defendant,the Canara Banking Corporation Limited,referred to hereinafter as the third defendant, had obtained a decree in O.S. No. 60 of 1949 on the file of the Salem Sub-Court on a mortgage by deposit of title deeds created by the first defendant over the suit properties on 9th August, 1947 and was impleaded as a subsequent mortgagee. The fourth and fifth defendants were subsequent alienees of portions of one of the items of the suit property. We

Click Here to Read the rest of this document