The 1st defendant appeals from the judgment and decree, dated 30th November, 1955, passed by the learned Subordinate Judge of Madurai m O.S. No. 56 of 1955.

The 1st defendant had mortgaged his house in favour of one Valliyappa Chettiar. He instituted O.S. No. 358 of 1949 on the file of the District Munsiff, Madurai Town, to enforce the mortgage. A decree for sale was passed in that suit. In execution of the decree, the property was sold in Court auction on 5th March, 1951. The plaintiff, who had been impleaded in that suit as puisne mortgagee purchased the property at the auction and duly obtained a sale certificate. She applied for delivery of the property in E.A. No. 194 of 1954. At that time a portion of the house was in the occupation of the appellant and the other portions were in the occupation of three tenants. The plaintiff’s witnesses say that the three tenants attorned to the plaintiff, that the 1st defendant vacated the portion which was in his occupation, that the plaintiff leased that portion to one Rajathi Ammal and that complete possession of the house was thus delivered to the plaintiff through Court. The 1st defendant admits that the three tenants