( 1 ) THIS appeal arises out of a judgment and decree of the Sub-Court, Amalapuram o. S. No. 46/79, dated 21st, March, 1985.

( 2 ) THE second defendant is the appellant is this appeal.

( 3 ) THE first respondent herein filed o. S. No. 46/79 on the file of the Sub-Court, amalapuram for recovery of an amount of rs. 11,000/- on the basis of a mortgage said to have been executed by one late rachakonda Satyanarayana, the first defendant in the suit on 30-8-1967. While the first defendant remained ex parte, the appellant herein who is a purchaser of the rice mill formed part of the mortgage deed in the auction conducted by the Court in execution of the decree in O. S. No. 3/66, dated 13-2-1969 contested the suit by filing a written statement that the mortgage deed is sham and nominal and was brought into existence to defeat is the rights of him under o. S. No. 1/58 on the file of District Munsif, amalapuram which was renumbered as o. S. No. 3/66 after remand by the appellate court and was decreed against the first defendant personally and against the joint family properties of all the other sons including the third defendant herein by its judgment and decree dated 13-2-