This Civil Miscellaneous Second Appeal arises out of a petition filed by defendants 7 and 10 in O.S. No. 355 of 1939 on the file of the District Munsif’s Court Negapatam, to set aside a Court sale held on 23rd November 1042 and confirmed on 29th December, 1942. Both the lower Courts have dismissed the petition. Hence this appeal.

The Municipal Council, Negapatam, the first respondent herein obtained the aforesaid decree for recovery of Rs. 18-1-6 being the arrears of property tax for T. S. No. 155. The decree also gave a first charge over the property The property originally belonged to one Vanjoor Ammal. Defendants 2 to 10 were impleaded as her heirs and as persons in possession and enjoyment. The eleventh defendant was impleaded as he claimed some interest in the property. An ex parte decree was passed in the first instance on 19th April, 1940. Defendants 7 to 10 were described as minors represented by guardian, the second defendant. They were, however, majors at the time of the institution of the suit. During the pendency of the suit it appears that the seventh defendant was declared a major and the cause title amended accordingly. In execution of this ex parte decree, E