Govinda Menon, J.-The plaintiff is the appellant in this appeal which arises out of a suit on a mortgage for a sum of Rs. 14,000 executed in favour of the plaintiff by defendants 1 and 2, their mother Syed Mitheen Beevi on her own behalf and as guardian of defendants 3 and 4, her then minor children. The defence to the suit was that as defendants 3 and 4 were minors on the date of the mortgage their shares in the properties would not be bound. The learned Subordinate Judge has accepted that contention and passed a decree in favour of the plaintiff only with regard to the shares of defendants 1 and 2 ignoring the fact that in respect of the share of Mitheen Beevi who was dead at the time of the suit, the mortgagee will be entitled to get a decree. The facts of the case may shortly be stated thus:

One Gouse Muhammad was a partner in a trading business with his three brothers. At the time of the partition of the family properties between Gouse Muhammad and his partners it was found that certain sums were due from the partnership to Aminal Beevi and Sheik Mansoor Tharaganar. The partnership became dissolved only in 1934 by the death of Gouse Muhammad. After his death defendants 1 and 2

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