Patanjali Sastri, J.

1. This is an appeal brought by the plaintiff against a mortgage decree passed by the Court of the Subordinate Judge of Coconada on 10th December 1935 and amended by the same Court on 9th November, 1942 under the provisions of the Madras Agriculturists Relief Act, 1938. The mortgage bond on which the suit was based was executed by the respondents father for a sum of Rs. 40,000 describing the properties charged as his self-acquired arid separate properties. Belying on this description, the appellant alleged in the plaint that the properties were the separate properties of the mortgagor, but as the respondent was claiming an interest therein as the undivided son of the mortgagor he was also imp leaded in the suit and a decsee for sale of the entire properties was sought on the footing that even if the properties were found to be the joint family properties of the respondent and his father, the latter having granted the mortgage for purposes binding on the respondent, the mortgage was valid also in respect of the respondents interest. The mortgagor was defendant 1 and the respondent defendant 3 in the suit. Certain other persons were also made parties but