1. This appeal is preferred against the judgment and decree of the Subordinate Judge, Namakkal in O.S.No.39 of 1987.

2. Thethird defendant is the appellant herein.

3. The plaint averments are summarised as follows: The first defendant obtained a loan of Rs.15,000 from the plaintiff on 1.2.1975 and executed a Mortgage Deed mortgaging the suit properties for the above loan. The first defendant obtained the above mortgage loan from the plaintiff for his money lending business and he is not entitled to claim benefits under the Debt Relief Act. The plaintiff demanded the repayment of the loan and inspite of it, the first defendant did not pay any amount. The first defendant had obtained another loan of Rs.30,000 from the second defendant on 19.10.1973 by mortgaging the very same properties for the above loan. The second defendant filed a suit in O.S.No.646 of 1979 against the first defendant and obtained a preliminary decree for a sum of Rs.50,000 on 31.3.81 and he also obtained final decree on 31.8.1983. Pursuant to that, the second defendant executed the above decree in E.P. No.63 of 1983 and brought the suit properties for sale. The third defendant purchased the first ite