Venkatarama Ayyar, J.- The first defendant is the appellant before us. The facts leading to this litigation are these. The second defendant and his sons, defendants 3 and 4, executed two mortgages in favour of the first defendant each for Rs. 7,000, one on 13th August, 1932 and the other on 14th August, 1932 Exhibits D-17 and D-18. The first defendant filed O.S. No. 14 of 1937 on the file of the SubCourt, Trichinopoly, for recovering the amounts due under those two mortgages. He also applied for the appointment of a Receiver on the allegation that the security was insufficient. On 21st June, 1937, he was appointed Receiver and he took possession of the properties sometime in November or December 1937. Meantime, a preliminary decree was passed on 21st June, 1937 and a final decree on 18th January, 1938. In execution of this decree, the mortgaged-properties were brought to sale. The first defendant applied in E.A. No. 378 of 1940 for permission to bid at the auction and set off the amount due to him and this was granted on 12th July, 1940. The sale was actually held on 4th December, 1940 and the first defendant became the purchaser for a sum of Rs. 15,400. The sale was duly confirmed

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