Alfred Henry Lionel Leach, C.J.

1. One A. A. Mohamed Madar Rowther and his brother A. A. Mohamed Meeran Rowther held their properties in common. Mohamed Madar was married twice. His first wife predeceased him. By her he had a son and a daughter, who are the 1st and 2nd defendants respectively. His second wife is the 2nd plaintiff and by her he had a son, the 1st plaintiff. Mohamed Madar died on the 18th June, 1916. The date of the death of his brother Mohamed Meeran is not known, but it is known that he died before his elder brother. Mohamed Meeran was survived by his wife (the 5th defendant) and two sons (the 3rd and 4th defendants). The widow and the son of Mohamed Madar filed this suit for partition of the properties of the two brothers and for their shares in Mohamed Madars properties. One of the questions in the suit was whether a usufructuary mortgage created by the 1st and 3rd defendants in favour of the 8th defendant was binding on the plaintiffs. This mortgage was created on the 28th August, 1920,, and the mortgagors purported to charge the whole of items 10 to 13 and part of item 9 of the second schedule to the plaint. The amount which had been advanced on the secu