ISMAIL, J.

1. The second defendant in O.S. No. 11 of 1960 on the file of the Court of the Subordinate Judge, Thanjavur is the appellant herein. The appellant is the son of the first defendant, Kandaswami Pillai, and the first defendant is the son of one Neehmegham Pillai. Ex. A.1 d. 30th November 1939 is a registered mortgage deed executed by Neelamegham Pillai and the first defendant, the first defendant for himself and as guardian of the appellant, who was a minor at that time, for Rs. 60,000/- in favour of one Chidambaram Chettiar. In a suit for partition instituted by the sons of Chidambaram Chettiar in O.S. No. 42 of 1950 on the file of the Court of the Subordinate Judge, Pudukottai, the interest of the mortgagee under Ex. A.1 were alloted to the shares of defendants 3 to 7, namely, the widow and sons of Chidambaram Chettiar aforesaid. Chidambaram Chettiar himself died on 18th June 1952. He had borrowed moneys from the plaintiff-Bank and defendants 3 to 7 acknowledged the liability of Chidambaram Chettiar to the Bank and created an equitable mortgage by deposit of title deeds in respect of their mortgage interest under Ex. A.1. In favour of the plaintiff-Bank. For th