Kumaraswami Sastri, J.

1. Appeal No. 213 arises out of a suit filed by the plaintiffs who are brothers and sons of one Arunachalam Pillai to set aside the sales and mortgages referred to in the plaint effected by one N.S. Ramaswamy Pillai, now deceased who, it is alleged, purported to act as their guardian though he had no right to do so and made the alienations complained of. The defendants in that suit were the alienees. Appeal No. 214 arises out of a suit filed by a mortgagee from the aforesaid guardian who seeks to enforce his mortgage on the ground that the mortgage is binding on the plaintiffs. The title of the plaintiffs father to the properties alienated by the guardian is not disputed: Though the suits were not between the same parties the evidence recorded in one suit was by consent of parties treated as evidence in the other and one judgment was delivered in both the suits. The Subordinate Judge held that the mortgage was for necessary purposes and binding and as regards the sales he hold that the sales of the properties in Schedules E, F and G were not binding on the plaintiffs, but that the other alienations were binding. The defendants concerned in the properti