JUDGEMENT : This second appeal is be the first defendant in a suit for setting aside an earlier decree in a mortgage suit, O. S. No. 634 of 1943 on the file of the District Munsif, Tiruchirapalli for a declaration that the court sale therein is not valid and binding on the plaintiff and for restraining defendants 1 and 2 in the suit and their men and agents from interfering with the ownership and possession of the plaintiff and his lessee, the third of the suit A schedule property in the possession of the plaintiff and his lessee, the third defendant in the suit, and for other reliefs. There has been no appearance before me for the legal representatives of the plaintiff, the plaintiff dying pen-dente lite. As the record revealed that there has been hot contest between the parties, at the instance of the court, Sri. S.V. Jayaraman, advocate, has appeared amicus curiae to represent the case for the contesting respondents.

2. The earlier suit O. S. No. 634 of 1943 was instituted by the present appellant as plaintiff on a mortgage executed in favour of the predecessor of first defendant's assignor by one Gurunatha Asari. In that suit, the present plaintiff was made the second defendant

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