VISWANATHA SASTRI, J. :- The legal representatives of the deceased 8th defendant are the appellants from the decree of the Court of the District Judge, Krishna, in O. S. No. 40 of 1948. The suit was for recovery of money due on a mortgage, Ex. A-1 dated 23-7-1934, executed by the 1st defendant in favour of the 1st plaintiff as the manager of joint family. The 8th defendant was the purchaser of a portion of the mortgaged property, namely, items 3 and 5 of schedule A and item 2 of Schedule B, at a Court-sale held on 29-6-1942 in execution of a money decree in O. S. No. 37 of 1933 on the file of the District Court of Krishna.

The 8th defendant pleaded that the mortgage, Ex. A-1, was not enforceable against the properties in his hands for several reasons. He alleged that the mortgage was a sham, unsupported by consideration. He also pleaded that the mortgage was void and unenforceable as against the properties purchased by him, having been executed during the pendency of an attachment before judgment of the properties in O. S No. 37 of 1933 in execution of the decree in which the aforesaid properties were sold by Court on 29-6-1942, he being the purchaser at the Court-sale. He