Govinda Menon, J.- The suit out of which this second appeal arises was for recovery of a sum of money by sale of the plaint items on the strength of a mortgage deed, Exhibit A-1, dated 2nd May, 1934, for a sum of Rs.750 executed by one Krishna Menon, Karnavan of the tarwad of defendants 1 to 4 in favour of the plaintiff The fifth defendant is the purchaser of the jenm right, etc., in some of the mortgaged items in Court auction under Exhibit B-10. The other defendants were impleaded either as persons in possession or as mortgagees.

The main contest by the fifth defendant was that the hypothecation deed was not valid and binding on the tarwad of defendants 1 to 4 and as such the plaint items could not be sold in enforcement of that document. There were other pleas raised by her with which at this juncture we are not concerned. The trial Court found that to the extent of Rs. 635-7-11 the mortgage was binding on the tarwad and decreed the suit for sale of the properties to that extent.

The fifth defendant preferred an appeal to the lower appellate Court, contending that Exhibit A-1 was totally invalid and unenforceable. The plaintiff did not put forward any memorandum of cross-objection

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