( 1 ) THE appellant Gayaprosad was one amongst a number of judgment-debtors under a mortgage decree. The mortgage was of the year 1935. The property mortgaged was a two-storied brick-built house at Kharagpur together with land appertaining thereto comprising an area of about 11 decimals and the amount advanced upon the mortgage was Rs. 7,500/ -. In the year 1941, the mortgagee Seth Dhanrupmal Bhandari instituted Mortgage Suit No. 22 of 1941 in the First Court of the Subordinate Judge at Midnapore for the recovery of his dues under the said mortgage. The suit was decreed preliminarily on 31-1-1952, and the appeal therefrom was disposed of by this Court on 7-5-1946. Thereafter a final decree was made in the suit on 18-1-1950, and the same was put into execution on 15-3-1950, in Mortgage Execution Case No. 13 of 1950 of the First Court of the Subordinate Judge at Midnapore. After service of the usual notices under Order 21, Rule 66, Civil P. C. , and other usual steps the mortgaged property was advertised for sale. The sale proclamation was issued on 3-7-1951 and the sale was fixed for 16-8-4951. Two days before the date fixed for the sale, that is, on 14-8-1951,