The appeal is by the plaintiff in the first Court, who failed in both the Courts below to set aside a summary order in E.A. No. 51 of 1955 in E.P. No. 99 of 1954 which was itself an execution proceeding in O.S. No. 451 of 1951 on the file of the Court of the District Munsif, Ranipet. The facts adequate for the disposal of the appeal are as follows:-

The suit properties originally belonged to Devarajulu Reddi and Pattusami Reddi of Agaram Village, who were brothers. One Eswara Vadivelu Mudaliar had obtained a simple money decree against Devarajulu in S.C. No. 75 of 1950, and the interest of the judgment-debtor in the suit property was brought to sale. The present plaintiff (appellant) purchased the property in Court auction on 26th July,1952. He obtained the sale certificate and also obtained symbolical possession, and later had the property allotted to his share in the final decree in a suit against the co-sharer.

The original owners, the two brothers had executed a simple mortgage in 1944 over the property in favour of ore Rajaratna Reddi. That person brought a suit on the foot of the mortgage in O.S. No. 451 of 1951 for recovery of a sum of Rs. 691-4-0. It appears that