This appeal arises out of an auction of the property, the subject-matter of this appeal, held on 12th September, 1965. The suit was filed by respondents 1 to 4 for the administration of the estate of one Abdul Hameed who died on 1st July, 1963. Pending the suit the plaintiffs and the mortgagees of some of the properties belonging to the estate of Abdul Hameed applied to this Court for the sale of the Maharaja Talkies, which is the property involved in the present appeal. This was ordered on 26th April, 1965, and Murray and Company, Madras, the auctioneers, were appointed Commissioners for the purpose. This auction was subject to confirmation by Court. Pursuant to the order of the Court the auction was held on 12th September, 1965, and the property was sold to the 9th respondent for seven lakhs of rupees, he being the highest bidder. It may be mentioned here that pursuant to the terms of sale the 9th respondent deposited Rs. 5,000 in cash and passed a cheque for Rs. 1,70,000.

It is convenient to extract here the condition relating to the deposit by the highest bidder.

“Condition No. 5.-The highest bidder shall pay into the hands of the auctioneers, immediately aft