Alfred Henry Lionel Leach, C.J.

1. This appeal raises the question whether an equitable mortgage is unenforceable by reason of the non-registration of a letter signed by the mortgagor at the time of the deposit of the title deeds. One P.M. Sadasiva Chetty, his sons Subramanian and Somasundaram (the third and fourth respondents), his brother Gangadhara Chetty and Gangadhara Chettys son Thayamanava (the third defendant in the suit) constituted an undivided Hindu family. The family owned immovable property in Madras, 2-10 acres of land in Arasur village, Chingleput District and 42 acres of land and a rice mill in Ponneri village, which is also in the Chingleput District. The properties in Madras consisted of three houses and their sites, known as 16, Audiappa Chetti Street; 41, Guruvappa Chetty Street and 105, Egmore. High Road, respectively. On the 2nd August, 1930, Sadasiva, who was the manager of the family, borrowed from the first and second respondents Rs. 1,900 on a promissory note and as security deposited the titled deeds of No. 16, Audiappa Chetty Street. Before us it has not been disputed that this money was borrowed for the purposes of the family. At the time of the