Alfred Henry Lionel Leach, C.J.

1. The question in these appeals is whether the suits out of which they arise are maintainable. They were filed in the Court of the District Munsif of Anantapur. The District Munsif held that by reason of Section 51 of the Madras Co-operative Societies Act, 1932, they were not maintainable and this decision was concurred in on appeal by the District Judge of Anantapur. The appeals are from the decrees passed by the District Judge. As we are of the opinion that the suits are maintainable to. a limited extent it is necessary to set out the facts.

2. The Plaintiffs in both the suits are the sons of one Venkataramappa, who is now dead. Venkataramappa was a member of the Alamur Co-operative Credit Society. He was indebted to that Society in respect of two loans made by the Society to him. Each loan was secured by a mortgage of Immovable property. The father was joint with his sons and the property mortgaged was family property. The debts were not repaid and the Society was compelled to institute proceedings under the Act for the enforcement of the mortgages. In due course awards were obtained and these were executed by the sale of the mortgaged pro