1. This is a suit to redeem a mortgage effected by the late Zemindar of Varappur in favor of Defendant 3 and of the fathers of defendants 1, 2 and 4. Portions of items Nos. 1 and 2 of the mortgaged properties were sold in execution of decrees obtained against the Zamindar in 1866 and 1867 and now belong to the 10th defendant. In a suit of 1884 the plaintiff obtained,a decree against the Zemindars elder son and in execution acquired the elder sons share of the mortgaged properties in so far as it had not been already alienated. The plaintiffs case is that the estate was impartible and that by his purchase he acquired the whole equity of redemption subject to the prior alienations. In 1897 the Zamindars younger son claiming that the estate was partible sold his share to a purchaser who transferred it to the 1st defendant, who claims to be entitled to a one-third share in addition to his rights as a representative of one of the original mortgagees. Both the lower Courts, however, have held that it was unnecessary to decide the question of impartibility in this suit. But the lower Courts gave the plaintiff a decree. Second appeals have been preferred by the 1st and 10th defenda