Ramamurti, J. — These two appeals arise out of two suits which were heard and tried together and disposed of by a common judgment by the City Civil Court, Madras, as the subject-matter in dispute and the points in controversy are the same and identical. The suit property involved is door No. 78, Paper Mills Road, Perambur, and the main question in controversy relates to the truth, validity and the legality of the auction sale said to have been held by the auctioneer on behalf of the mortgagee exercising powers under section 69 of the Transfer of Property Act. The Suit O.S. No. 2701 of 1959 has been filed by the three plaintiffs the mortgagors, impeaching the auction sale. The first defendant, Rajeswari Ammal, is the assignee from the original mortgagee Lokambal, the second defendant Chandramani and Co., is the auctioneer, the third defendant Chakrapani Naidu is the successful bidder and purchaser in the auction and the fourth defendant Natesa Mudaliar is a subsequent mortgagee. The other suit, O.S. No. 992 of 1959 has been filed by the auction-purchaser to establish his rights and to recover possession of the property as the mortgagors would not surrender possession of the property

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