MUTHIAH CHETTI Vs. PALANIAPPA CHETTI

JUDGEMENT

(1.) This is an appeal from a decree dated September 1, 1921, of the High Court of Judicature at Madras, affirming a decree dated September 19, 1916, of the Temporary Subordinate Judge of Sivaganga.

(2.) The suit out of which the appeal arises was brought by the appellant as mortgagee for recovery of monies due on his mortgage bond about to be referred to. That bond is dated March 19, 1910.

(3.) Muthiah Chetti and Raman Chetti were undivided brothers; the former was father of respondents Nos. 1 and 2, the latter father of respondents Nos. 8 and 4. They carried on a money- lending business at Rangoon. They both died prior to the date of the mortgage in question. After their deaths the respondents Nos. 1 to 4 still formed a joint and undivided Hindu family, T~7 They were, however, all minors, their guardians being Nagamai Achi, mother of the first two respondents, and Sittall or Minakshi Achi, mother of the respondents Nos. 3 and 4.