Alfred Henry Lionel Leach, C.J.

1. The appellant obtained a money decree against the second respondent in the Court of the District Munsif of Tirupur and in execution of that decree attached immovable property belonging to the judgment-debtor. The property was sold by the Court in execution proceedings on the 23rd February, 1932, the first respondent being the purchaser. The first respondent immediately deposited 25 per cent, of the purchase price, which was Rs. 715, as required by Rule 84 of Order 21 of the Code of Civil Procedure. The sale proclamation disclosed that there was a mortgage on the property, but it indicated that the mortgage was invalid. The mortgage was in fact a valid one and subsequently the mortgagee obtained a mortgage decree. The first respondent did not pay the balance of the purchase money within fifteen days, as required by Rule 85 of Order 21, but on the 29th February he applied for an order setting the sale aside on the ground of material irregularity in the publication of the sale inasmuch as the mortgage had been described as being invalid. As the balance of the purchase money had not been paid into Court the District Munsif held that there had i