Madhavan Nair, J.

1. This is an appeal by defendants 1 and 5 against the decree of the Subordinate Judge of Trichinopoly in O.S. No. 1 of 1929.

2. The plaintiff in the suit is H.H. The Maharatta Thakore Sahib of Limbdi. In the appeal the question is raised as to whether the plaintiff is entitled to a sale of the suit properties in enforcement of an alleged sub-mortgage of an equitable mortgage by deposit of title-deeds, granted to him by the third defendant of the suit properties. These, called the Vadavoor lands, are situate in the Trichinopoly District. These and various other properties situated in Madras and Bangalore belonged to Messrs. Tawker & Sons, a well-known firm of jewellers in Madras. They mortgaged the title-deeds of all these properties to Messrs. Nagarseth & Sons, the third defendant in the present suit, in 1916 for a sum of over 18 lakhs of rupees borrowed from time to time for carrying on their family business. Exs. M, M-1 and M-2 are the documents which were deposited as the title-deeds of the properties. Of these Ex. M is only a judgment and, strictly speaking, is not a title-deed. In August, 1922, Nagarseth instituted C.S. No. 3772 of 1922 in the Bombay H