N.S. RAMASWAMI, J. :- The plaintiff in the suit is the appellant before us. The question that arises in this Letters Patent Appeal is whether the plaintiff is entitled to be compensated by the first defendant under Section 70 of the Contract Act. The suit property originally belonged to one Rahmat Bee. She had mortgaged the same to one Abdul Azeez under the deed dated 5-7-1946. One Perumal Udayar, a simple money creditor of Rahamat Bee as well as her husband obtained a decree in O. S. No. 520 of 1952 on the file of the court of the District Munsif, Namakkal and brought the suit property to sale subject to the abovesaid mortgage in favour of Abdul Azeez. In the court auction sale held the first defendant in the present suit, out of which this Letters Patent Appeal arises, purchased the property subject to the mortgage in favour of Abdul Azeez dated 5-7-1946. The said Abdul Azeez brought a suit on his mortgage in O. S. No. 315 of 1958 on the file of the Court of the District Munsif, Namakkal, impleading the first defendant herein also as a party defendant, he having purchased the equity of redemption in the court sale in pursuance of the money decree in O. S. 520 of 1952. Th