Chief Justice.-These are two appeals from one judgment of the High Court of Madras1, disposing of two appeals brought to it from two suits filed in the Court of Cocanada. In the High Court the appeals were heard together. The material facts lie in a small compass. As the parties in the two suits and appeals are differently arrayed, it will be convenient to refer to them as the mortgagor, the mortgagees and the lessees.

On the 2nd January, 1914, the mortgagor acting for himself and as the guardian of his undivided minor son granted a mortgage of 51.20 acres of Inam lands along with other lands (which need not be hereafter referred to as they were later on disposed of by consent of parties) to secure a sum of Rs. 30,000 lent by the mortgagees. In respect of the suit lands it was a non-possessory mortgage. On the 27th November, 1915, he executed another mortgage with possession of the suit lands for Rs. 4,000, but as the lands were in the occupation of the lessees under a lease for 15 years from F.1320 to 1334 (1910-11 to 1924-25) at an annual rent of Rs. 1,000 it was stipulated that the mortgagees were to receive the rent from the lessees and to take possession of the lands on the exp

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