The plaintiff’is the appellant. The facts so far as they are relevant for the purpose of this appeal are these: On nth August, 1933, one Shivakava Patteri, the father of the plaintiff, executed along with four others a promissory note for Rs. 3,000 in favour of the Canara Bank, For the balance due on this promissory note the Bank filed O.S. No. 427 of 1934 on the file of the Court of the District Munsif of Kasargod; obtained an ex parte decree for Rs. 1,869-4-10 on 7th September, 1934; and realised a sum of Rs. 350 in R.E.P. No. 1564 of 1934. The Books of the bank show that on 30th July, 1935, a sum of Rs. 1,637-13-6 being the balance due under the decree on that date was received from Mana Naika, the first defendant in this suit (Exhibit D-75). On the same day the bank assigned the decree to him. The first defendant brought himself on record as the assignee decree-holder and after several unsuccessful attempts to realise the decree amount in R.E.P. Nos. 1410 of 1936, 584 of 1938, 1186 of 1938 and 172 of 1939, eventually brought the suit properties to sale in R.E.P No 401 of 1940 and they were purchased by defendants 2 to 4 in court auction on 26th January, 19