Subba Rao, J.-This is an appeal against the order of the Court of the Subordinate Judge of Madura in E.P.No. 76 of 1946. The facts relevant for appreciating the questions raised may be briefly narrated. Thothan Chetti is the father of Vyravan Chetti. Shanmugham Chetti is the son of Vyravan Chetti. Vyravan Chetti executed a mortgage in favour of the plaintiff in September, 1921, for himself and as guardian of his son, the 2nd defendant, for a sum of Rs. 50,000. The mortgagee instituted O.S.No. 114 of 1925 against Vyravan Chetti and his son and obtained a preliminary mortgage decree against the share of Vyravan Chetti on 16th January, 1930. Final decree was passed on 30th September, 1930. The suit against his son, the 2nd defendant was dismissed. There were appeal and cross-appeal to the High Court against that decree being, A.S.Nos. 406 and 467 of 1930. On 14th August, 1934, the High Court confirmed the mortgage decree against the 1st defendant and passed a simple money decree against the and defendant to the extent of his share in the family properties. Meanwhile, in execution of the mortgage decree the share of the 1st defendant was brought to sale, and for the balance of the amou

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