Sundaram Chetty, J.

1. This appeal arises out of a suit filed by the plaintiff (appellant) for the recovery of a certain sum of money alleged to be due on a mortgage bond executed by the 1st defendant for Rs. 1,000 on 15th November, 1924. The 2nd defendant is a subsequent purchaser of the mortgaged property from the 1st defendant. Various contentions were raised by these defendants in respect of which issues were also framed, but the learned Judge in the Court below wanted to dispose of the suit on what he calls two preliminary points, one of which he decided definitely against the plaintiff. On the strength of that finding, the suit was dismissed. Hence this appeal.

2. The mortgaged property belonged to the 1st defendants grandfather Srinivasa Chettiar. The 1st defendants right to that property is derived from the will, Ex. I, executed by the said Srinivasa Chettiar in 1904. The contention of the 2nd defendant is that according to the terms of that will it should be taken that the mortgaged property had not vested in the 1st defendant on the date of the suit mortgage and consequently the mortgage sued on is invalid. The Lower Court upheld this contention and dismissed the su