Curgenven, J.

1. These three appeals arise out of three suits tried together by the City Civil Judge. The advisability of trying O.S. No. 555 of 1929 (C.C.C.A. No. 18 of 1931) with the other two suits is open to question, but we propose to record our findings upon the issues which it raises quite separately. Certain facts may however be stated as common to the three cases.

2. We are concerned with a family of Indian Christians composed of Richard and Caroline Kent, husband and wife, and two daughters Sarah (Mrs. Borgonah) and Lydia. Richard Kent, who was an Inspector on the railway, owned a house, No. 6, Salai Street, Vepery, Madras, in part of which he was living up to the time of his death. The house consisted of two distinct portions, a front part and a rear part, and these figure separately in the later transactions. In 1913 Richard Kent executed two successive mortgages of the whole property to a Marwari Sowcar named Birchand for sums of Ra. 500 and Rupees 100 respectively. In 1914, under Ex. D, he made a gift of the property to his wife and daughters. In 1916 Birchand sued upon his mortgages (O.S. No. 422 of 1916) and obtained a preliminary decree. Thereupon, in spite o