Wadsworth, J.

1. This appeal raises the question of the effect of Section 119, Transfer of Property Act, as it stood before the amendment introduced in 1929. The facts are simple. The plaintiff was the owner of the land in A schedule. The first defendant was the owner of the land in B schedule. On 20th February, 1916, under Ex. A they effected an exchange whereby the plaintiff got schedule B and the first defendant got schedule A. In the deed of exchange each of them describes himself as the owner of the land given in exchange and there are no special covenants excluding the operation of Section 119, Transfer of Property Act. On 24th May, 1916, the first defendant sold the A schedule land which he had got by the exchange to one Nagammal, who on 6th July, 1922, sold the same land to the brother of the second defendant, who is the appellant here. Actually the plaintiff found that part of the B schedule land which he had got by the exchange was included in a big mortgage and the mortgagee got a decree. Under that decree some of the items in B schedule were sold in Court auction to a third party and the plaintiff was dispossessed on 23rd February, 1931. Consequently he filed the