Govinda Menon, J.-In O. S. No. 84 of 1932 on the file of the Subordinate Judge’s Court of Vijayawada, the present appellant obtained a decree against the respondents and their father for a sum of money on foot of a mortgage and the mortgaged properties were brought to sale. The appellant herself became the auction-purchaser and deposited the amount that remained after setting off the decree amount due to her, in Court. This balance amount was Rs. 995-12-0 and it stood to the credit of the judgment-debtors. A third party, one Tirupathiah, had a decree against the judgment-debtors in S.C. No. 107 of 1932 and in pursuance of that decree he attached the amount in Court to the credit of the judgment-debtors and drew out that sum in part satisfaction of his decree. Later on, the judgment-debtors applied under section 23 of the Madras Agriculturists Relief Act, 1938, to have the sale set aside and the same was accordingly set aside. The result was that the appellant, who had purchased the properties in Court auction, lost them, but the decree which she had against the judgment-debtors respondents was executable.

The suit out of which the present appeal arises was for recovery of the excess

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