Judgment

ALAGIRISWAMI, J.:- Venkanna, the father of the appellants had a brother Ramamurti who died childless in the year 1908 leving behind him his widow Narasimham. After Ramamurthi s death a series of litigations started between Venkanna and Narasimham and it is not over yet. Venkanna filed O. S. No. 14 of 1943 against the widow in respect of acts of waste committed by her of Ramamurti s estate and was appointed a receiver in that suit. In that suit he got a decree against Narasimham for a sum of Rs. 13,539/- as she failed to furnish security as originally decreed by the court, Venkanna as receiver filed three suits on the foot of three mortgages in favour of Ramamurti. One was O. S. No. 24 of 1916. In execution of that decree item 1 of the A Schedule properties was purchased in court auction. O. S. No. 443 of 1918 was filed on the foot of another mortgage in favour of Ramamurti executed in 1904 and items 2 and 5 of the plain schedule properties were purchased in execution of decree in that suit. These three items of properties are the subject matter of this appeal. It is unnecessary for the purpose of this appeal to refer to the third suit.

2. Venkanna died in 1947 and Narasimh