Judgment :

Fakkir Mohamed Ibrahim Kalifulla, J.

1. The defendants are the appellants. The challenge is to the judgment of the High Court of Kerala at Ernakulam dated 10.12.2002 passed in R.P.746/2002 in C.M.A.91/2002. The respondents No.1 to 7 are the legal heirs of one Varadaraja Naicker. The said Varadaraja Naicker created a usufructury mortgage relating to plaint scheduled properties in favour of predecessor-in-interest of the appellants initially for a sum of Rs.10,000/- on 17.11.1958. The suit properties were mortgaged for a further sum of Rs.6000/-with the same mortgagee on 29.10.1959. Again on 08.02.1961 an additional mortgage was executed in respect of the suit scheduled properties for a further sum of Rs.5000/-. While the mortgage was subsisting, for the recovery of arrears of income tax payable by the mortgagor Mr. Varadaraja Naicker, the suit scheduled properties were attached under the Revenue Recovery Act. After following the due process, the property was sold in public auction and the son of mortgagee by name P. Duraisingam made a highest bid in the auction, pursuant to which he made the payment and the sale deed Exhibit B5 dated 04.12.1964 came to be executed in his