Venkatasubba Rao, J.

1. This suit has been brought to enforce a simple mortgage granted to the plaintiff on 8th January, 1916 (Ex. A) by the first defendant and his father, the late Zamindar of Neduvasal to secure the re-payment of Rs. 8,300. It may be mentioned that the plaintiff was a usufructuary mortgagee under two earlier deeds executed in his favour on 16th December, 1910, for about Rs. 86,000. The suit mortgage comprises six villages, of which four have been subsequently sold by the first defendant and his father to the second defendant by Ex. F dated 14th August, 1919. The latter by Ex. H dated the 1st June, 1925, conveyed his interest to defendants 3 to 5 reciting in the deed that the original purchase was intended to be on their behalf.

2. The only persons contesting the suit are defendants 3 to 5. The first defendant, it may however be stated, originally filed a defence, but subsequently not only withdrew it but admitted the plaintiffs claim.

3. The villages in question are part of an impartible estate, of which the first defendants father was the proprietor at the time the suit mortgage was granted. Defendants 3 to 5 contend that the alienation was made without leg