1. The appellant herein is the plaintiff in a suit for refund of price paid for a void court sale in his favour.

2. The suit property belonged to Narayani Panicker, who mortgaged it with possession to Kurien Isaac and subsequently hypothecated the equity of redemption to the 1st defendant. 1st defendant sued on the hypothecation, as O.S. No. 308 of 1109 on the file of the Munsiff, Thiruvella, obtained decree thereon, took out execution, and purchased the suit property in court auction on Dhanu 4,1113, (Vide the sale certificate Ext. C) and also got symbolical delivery of the property. Subsequently he sold his rights as per Ext. D to Isaac Sosamma, who, by that time, had succeeded to the mortgage on the property.

Subsequent to the aforesaid court-sale, the equity of redemption was again sold in execution of 0. S. No. 211 of 1109 on the file of the same court on Meenom 12,1121, and the sale was confirmed on Medom 30, 1121. (Vide the sale certificate Ext. F). The decree-holder therein was the 2nd defendant Bank, of which the 1st defendant was then the liquidator under a voluntary liquidation. The latter court-sale was for Rs. 400/- and the purchaser therein was the 3rd defen