P. V. B. RAO, J.

( 1 ) THIS appeal in forma pauperis is filed by the plaintiff against the judgment arid decree of the learned Additional Subordinate Judge of Puri dismissing the suit for a declaration of his rights to the suit properties and for setting aside the mortgage decree and the court sale in favour of defendants 7 and 8 and for delivery of possession or in the alternative for a claim of Rs. 16,000/- against all the defendants.

( 2 ) THE plaintiff's case is, briefly as follows: The suit properties were the ancestral properties of the plaintiff and his father defendant 9, and the latter mortgaged these properties to defendants 7 and, 8 for Rs. 3200/- on 18-9-36. A suit for sale was filed by defendants 7 and 8 against defendant 9 on the said mortgage bond without impleading the plaintiff in Original Suit No. 9 of 1939 in the Court of the subordinate Judge, Puri and in execution of the mortgage decree the suit properties were purchased by the decree-holders for a sum of about Rs. 4000/ -. The plaintiff alleges that the above said mortgage was not for legal necessity; that defendant 9 made false recitals in the mortgage deed; that the properties were mortgaged by defendant 9