1. This second appeal has been placed before a Full Bench for decision, as King, J., before whom the appeal came in the first instance, considered that the judgment of this. Court in Sesha Aiyar v. Krishna Aiyangar (1900)10MLJ383 . , on which the Courts below had relied required reconsideration. In order to appreciate the application of Sesha Aiyar v. Krishna Aiyangar (1900)10MLJ383 . , it is necessary to state the facts in the present case.

2. On the 28th June, 1927, one Swaminatha Aiyar mortgaged immovable property to the grandfather of the plaintiffs to secure the sum of Rs. 3,000. On the 14th December, 1928, the mortgagor conveyed to his daughter the eastern portion of the property. She took it, of course, subject to the mortgage of the 28th June, 1927. On the 4th November, 1929, the mortgagor borrowed Rs. 700 from the plaintiffs grandfather on the security of a second mortgage of the western portion. On the 24th April, 1934, the 2nd defendant bought the western portion in a Court auction, subject to the two mortgages which Swaminatha Aiyar had created. On the 30th May, 1934, Swaminatha Aiyars daughter conveyed her interest in the eastern portion to the 1st defendant. On