Lord Morton of Henryton.-

This is an appeal from a judgment and decree of the High Court of Judicature at Madras dated 31st March 1944, which reversed a judgment and decree of the Court of the Subordinate Judge of Chittoor dated 7th July 1943.

2. The only question arising on the appeal is whether the appellant can properly claim, in the execution petition mentioned hereafter, an order for the sale of a village named Mylaravada. The Subordinate Judge has decided that he can, the High Court has decided that he cannot.

3. The facts of the case are not in dispute and are as follows. The village of Mylaravada belonged to the Raja of Karvetnagar. On 2nd February 1882, he effected a mortgage covering this village and another village in favour of D. Krishna Reddi and D. Venkatarami Reddi for about Rs. 33,000. On 21st February 1885, he created a second mortgage over the said villages in favour of the same persons for Rs. 6,500. On 6th March 1891, he mortgaged for the third time the same properties to one Seshama Raju, who is the predecessor in title of the respondent, for Rs. 7,500. On 9th June 1894, he created a fourth mortgage on the village of Mylaravada and many other villages in favour of