Wadsworth, J.

1. This appeal raises a question connected with Section 24 of Madras Act IV of 1938. The appellant here was the judgment-debtor in a decree on a mortgage under which he was required to pay Rs. 1,300 and odd. The decree-holder is the second respondent. In execution of that decree the properties of the appellant were sold on 29th November, 1937, and realised Rs. 1,900 and odd. On 17th March, 1938, the decree-holder drew out of Court from the sale proceeds an amount necessary to satisfy his decree. A small sum was also drawn, by an attaching decree-holder and the balance remained in Court. On 25th February, 1939, on an application under Section 23 the sale was set aside, apparently without objection on the ground of the decree having been fully satisfied before Act IV of 1938 came into force. We are informed that the decree has since been scaled down under Section 19 so as to make the judgment-debtor liable only for Rs. 548-7-7 with interest at six per cent. from 1st October, 1937.

2. After the sale was set aside, an application was filed by the judgment-debtor for re-delivery of the properties and another application by the purchaser for the re-payment under Secti