Kumaraswami Sastri, J.

1. The 4th and 5th defendants are the appellants.

2. The plaintiff sued to recover Rs. 6,669- I-O with costs and further interest due on a deed of mortgage dated the 27th of January, 1916 executed by the 1st defendant in his favour for Rs. 5,500 with interest at 9 per cent, per annum. It is alleged that the amount was repayable within the 27th of January, 1917, and that, in default of payment, interest at 12 per cent. was chargeable from the date of the bond and was to be added to the principal with annual rests.

3. The 1st defendant is the son of the 2nd defendant. The case for the plaintiff is that the mortgaged properties belong to Murugayee, the mother of the 1st defendant and the wife of the 2nd defendant, that Murugayee who died on the 7th January, 1916, executed a will, dated the 2nd of April, 1914, whereby she bequeathed the properties to the 1st defendant, that the 1st defendant became the exclusive owner of the properties, that in execution of the decree in O.S. No. 55 of 1914 on the file of the Tanjore Additional Sub-Court, which was passed against the 1st and 2nd defendants and the deceased Murugayee in favour of Dandapani Vaithiyan the prope