This is an appeal against a judgment of Chandrasekhara Ayyar, J., confirming the decision of the lower Court by which that Court set aside a sale at the instance of the judgment-debtor-98th defendant in the suit. What happened was that, after the passing of a mortgage decree against various defendants the 98th defendant in O.S.No.194 of 1928 on the file of the Sub-Court of Coimbatore had to pay a certain sum of money to the decree-holder plaintiff and he was in possession of certain item of property. There was an agreement between the 98th defendant and the decree-holder that the property would not be sold because a certain sum of money was paid by the 98th defendant. The result was an adjustment and an agreement that the item of mortgaged property belonging to the 98th defendant would not be sold. In contravention of that agreement, a sale took place, and the proclaimed property was purchased by the present appellant. The respondent-98th defendant put in an application under Order 21, rule 90, Civil Procedure Code, as well as section 47 for setting aside the sale. The lower Court found in favour of the adjustment and also found that the purchaser was not aware of