The present Civil Miscellaneous Appeal is preferred against an order passed by the Sub-Court, Erode, directing the arrest of the appellant in the execution of the decree in O.S. No. 122 of 1964. The decree that is sought to be executed is for costs decreed in O.S. No. 122 of 1964 as per the judgment and decree dated 23rd February, 1967. That decree was against the two respondents in the execution petition, the appellant Ramaswami, and another Kailasam, who are the defendants in O.S. No. 122 of 1964. The appellant owed a large sum of money, about Rs. 41,500 to the respondents herein, who arc bankers. As the appellant Ramaswami alienated his properties, the respondents became apprehensive and obtained an agreement of sale from the appellant dated 18th December, 1962 to sell the house of the appellant to the respondents in discharge of the amounts due to the latter. It is also evidenced by a registered agreement between the parties, dated 27th December, 1962 and the title deeds were also delivered to the respondents. But in January, 1963, the title deeds were handed over to one broker Kailasam on the representation that there was a proposal to sell the property and that the