Plaintiff is the appellant. As assignee of a mortgage he instituted O.S.No. 50 of 1948 on the file of the Subordinate Judge’s Court, Chingleput, against defendants 1 and 2 who are the minor sons of one Subbaraya Reddi for a mortgage decree on a mortgage executed by Subbaraya Reddi in favour of one Munuswami Reddi on the 9th July, 1925, for Rs. 4,000 and assigned by Munuswami Keddi in the plaintiff’s favour on the 15th April, 1943. Subbaraya Reddi had three sons, one Dasu Reddi who is alive and who is not made a party, and defendants 1 and 2 who are minors and are represented by a guardian ad litem. Subbaraya died in 1944. On the 29th November, 1940, his eldest son Dasu Reddi executed a release, Ex. A-8, taking away his one-fourth share and releasing his rights in the joint family and its properties. Ex. A-8 makes it clear that thereafter he shall have only blood relationship and that there shall be no right as regards assets and liabilities.

It may be necessary to refer to the transactions which led to the mortgage and the assignment. Subbaraya Reddi was possessed of 28 acres 47 cents nanja and punja lands which are stated to be his ancestral properties, and on the 24th Ju