Venkatasubba Rao, J.

1. This case raises a point of some novelty. The respondent filed a suit to enforce a mortgage. He impleaded as defendants Gowriambal Achi, the present appellant, her son and granason. I extract the following passage from the judgment passed in that suit in April 1924. It appears to me that as a suit to enforce a mortgage, the suit must fail. Gowriambal Achi has no title to the property. The properties were left by Will absolutely to Gowriambals mother, It was recited, that on the latters death Gowriambal was to succeed to any of the properties which her mother had not alienated. Gowriambals mother is still alive, and Gowriambal may never succeed to any of this property. I do not see how Gowriambal by her deed can create any charge on the property." On this reasoning, Mr Stodart, the District Judge, passed the following decree I give the plaintiff a decree for the sum claimed Rs. 6,500 with simple interest at the contract rate, namely, 12 per cent, on Rs. 6, 168, This is a simple money decree against the 1st defendant Gowriambal alone. The suit against the 2nd and 3rd defendants is wholly dismissed.

2. We are not now called to construe the Will referred t