This Second Appeal arises out of proceedings in execution of a mortgage decree. The appellant is a Court-auction purchaser in execution of that decree. Respondents 1 to 3 claimed that they were entitled to the eastern half of the property purchased by the appellant. The proceedings commenced as an original suit in the first instance, but was subsequently converted into an application under section 47 of the Civil Procedure Code. Respondents 1 to 3 were the plaintiffs and the appellant was the first defendant. The first Court,the executing Court, dismissed the application, but on appeal by the appellant herein before the Court of Subordinate Judge of Tirunelveli, respondents 1 to 3 have been declared entitled to the property claimed by them. Hence this second appeal.

The facts are as follows:- The subject-matter of the dispute between the parties is a house within the limits of Melapalayam Panchayat. The entire house is described in the application as the first schedule. The portion claimed by the respondents 1 to 3 is described in the second schedule. The second schedule is the eastern half of the entire house. This property originally belonged to one Muhamad Abdullah