This second appeal has been referred to a Bench at the instance of Ramaswami, J., for the reason that the case raised a point as to the legal effect of death of a judgment-debtor after the issue of a sale certificate, but before the auction-purchaser obtains delivery of possession by proclamation and affixture under Order 21, rule 96, Civil Procedure Code, which is not covered by authority.

One Uthandarayan Ambalam was originally the owner of the properties in suit and the plaintiff’s paternal grandfather, Chidambaram Chettiar, had a money claim against him. Before a suit could be filed for the realisation of the dues, Uthandarayan died in September, 1924, leaving a widow, Meenakshi and his mother Alagu who are stated to have entered into possession of these properties. Therefore Chidambaram Chettiar filed O.S. No. 457 of 1925 on the file of the District Munsif’s Court, Devakottai, for the recovery of the moneys due to him impleading Meenakshi and Alagu as defendants, obtained a decree, attached and brought to sale among others the properties now in suit, and purchased them himself. The sale was held on 13th August, 1928 and was confirmed on 14th September, 1