Abdur Rahman, J.

1. This appeal arises out or a suit instituted by the present Raja of Kalahasti (Venkatalingamma by name) on the basis of a mortgage deed executed by his father the late Rajah of Kalahasti (Timma Nayanim Varu) in favour of his second wife Chinnamma for a sum of Rs. 63,000 on the 2nd January, 1913- Ex. Rules The late Rajah of Kalahasti whom it will be more convenient to refer in this judgment as Timma, died on the 5th December, 1919, after he had held the impartible estate of Kalahasti for about 14 years. Timma had two sons by his first wife Chellamma one of whom is the present plaintiff and the other was Akkappa.

2. Akkappa was given in adoption by Timma to his elder brother Muddu Venkatappa who held the impartible estate of Kalahasti after the death of his father Venkatappa Nayanim Varu (commonly known as the C. S. I. Raja) up till the 22nd March, 1894. Muddu Venkatappa had, while he held the impartible estate, executed a mortgage in 1893 on some of the villages of his estate for a large sum of money in favour of a rich Hyderabad banker Raja Narasingh Girji. Muddu Venkatappa was succeeded by his adopted son Akkappa who, as stated above, was the natural son o