V. RAMASWAMI J. :- The property bearing door No.57 Sir Thiagaraya Road, T. Nagar, Madras-17, was the subject-matter of a mortgage deed dt. 16th Nov. 1967, executed by Dr. C. Balasubramaniam, C. Balasubramaniam and Alamelu Ammal. The mortgage deed contained a power of sale under S.69 of the Transfer of Property Act. The first respondent herein filed a suit, O.S. No. 4650 of 1970 on the file of the X Assistant Judge, City Civil Court, Madras, for recovery of a certain sum of money against Mr. C. Balasubramaniam who is the second respondent herein. Pending the suit, in I.A. 13825 of 1970, the plaintiff first respondent herein obtained an order of attachment before Judgment on 11th Sept. 1970. The suit was decreed on 5-8-1971, and therefore, the attachment became absolute as and from that date. In exercise of the power of sale under S.69 of the Transfer of Property Act, the mortgagee brought the property to sale by auction and in the auction held on 7-2-1973, the appellant as the highest bidder purchased the property. The sale deed was executed on 10-5-1973, by the mortgagee and it was registered on 10-5-1973, itself. It may be mentioned that the mortgagee was not a party to O