1. This is an appeal against the decree of the Subordinate Judge of Calicut in O.S. No. 30 of 1919 on his file dismissing the plaintiffs suit and the plaintiff is the appellant before us.

2. Plaintiff became the sole surviving member of his Komancheri Tarwad on the death of his mother and sister in March, 1907. He was then solely entitled to the tarwad properties. He was at the time a minor of 8 years age and his father the 2nd defendant who had previously managed the affairs of his tarwad as his mothers agent continued in management of his affairs as his de facto guardian. Being a member of a Marumakkatayam tarwad his father was not his legal guardian, in fact he had no legal guardian. At that time there was a mortgage debt on the tarwad lands m favour of one Bhattathiripad, of Rs. 9,000 which was admittedly binding. To pay off this debt and to meet other alleged necessities the father acting as plaintiffs guardian borrowed in March, 1908 a sum of Rs. 12,000 from the 1st defendant and executed a usufructuary mortgage to him-Copy, Ex. A. Two days afterwards he also executed a verumpattom chit or lease for himself and as plaintiffs guardian and took back the properties on lea