Lord Morton of Henryton.-This is an appeal from a judgment and decree of the High Court of Judicature at Madras, dated the 31st March, 1944, which reversed a judgment and decree of the Court of the Subordinate Judge of Chittoor, dated the 7th July, 1943.

The only question arising on the appeal is whether the appellant can properly claim, in the execution petition mentioned hereafter, an order for the sale of a village named Mylaravada. The Subordinate Judge has decided that he can, the High Court has decided that he cannot.

The facts of the case are not in dispute and are as follows: The village of Mylaravada belonged to the Raja of Karvetnagar. On 2nd February, 1882, he effected a mortgage covering this village and another village in favour of D. Krishna Reddi and D. Venkatarami Reddi for about Rs.33,000. On the 21st February, 1885, he created a second mortgage over the said villages in favour of the same persons for Rs.6,500. On the 6th March, 1891, he mortgaged for the third time the same properties to one Seshama Raju, who is the predecessor-in-title of the respondents, for Rs.7,500. On the 9th June, 1894, he created a fourth mortgage on the village of Mylaravada and many