JUDGEMENT:- The legal representative of the deceased judgment-debtor in O.S. No. 6757 of 1973, 10th Assistant City Civil Court, Madras, is the appellant in this appeal. The property bearing door No. 206 Arcot Road, Vadapalani, Kodambakkam, Madras, belonged to the family of the appellant and respondents 1 and 2 in execution of the decree obtained by them in O.S. No. 6757 of 1973, brought the property to sale in E. P. No. 2336 of 1976 and the 3rd respondent purchased the property in the sale held on 22-11-1978 for a sum of Rs. 56250/-. The 3rd respondent had also deposited, according to the appellant, 25 per cent of the sale consideration on 23-11-1978. The appellant further stated that out of the amount due to the decree-holder mentioned in the sale proclamation, a sum of Rs. 6,500/- in two instalments of Rs. 5,000/- and Rupees 1,500/- had been paid after the execution petition and therefore, the amount due to the decree-holder as on the date of sale was only Rs. 19,500/-. Claiming that he had deposited a sum of Rs. 19,500/- together with a sum of Rupees 2,812.50 P., representing 5% of the sale consideration paid by the court auction-purchaser and a further sum of Rupees 67