1. This appeal arises out of a suit by the representatives of a prior mortgagee-auction-purchaser for recovery of possession of mortgaged property from the representative of the puisne mortgagee-auction¬purchaser, on payment of the mortgage money. The facts necessary for the decision of the appeal may be briefly stated.

2. The property which is the subject matter of the suit belonged to one Mathen Augusthy of Pulickal. On 20.3.1088 he executed a simple mortgage in favour of one Chandy Devasia who sued on it in O.S. No. 234 of 1099 and obtained a decree (Ext. B) on 18.4.1099. In execution of the decree he purchased the property on 21.10.1101 and then transferred the same under Ext. AA dated 26.2.1102 to one Mathoo Mathai who obtained a record of delivery (Ext. C) dated 27.3.1103. At the time of institution of that suit there were three later mortgages one of which was a usufructuary mortgage (Ext. H) dated 22.9.1093 in favour of one Mathoo Devasia who had sub-mortgaged the same on 20.7.1095. As the usufructuary mortgagee was not a party to O.S. No. 234 of 1099, Mathoo Mathai could not get effective physical possession under Ext. C. The other two mortgages were two simple