Alfred Henry Lionel Leach, C.J.

1. On the 26th August, 1912, one Kesavan granted to the first defendant a usufructuary mortgage of the property in suit. The deed provided that if the mortgage was not redeemed within two years the mortgagee should become the absolute owner of the property. The mortgagor defaulted in payment of the amount due under the mortgage and the first defendant considered himself to be the absolute owner. On the 14th February, 1931, the first defendant and his son purported to mortgage the property to one Devasikamani Mudaliar, who on the 29th August, 1932, assigned the mortgage to the third defendant. The third defendant instituted C. S. No. 121 of 1934 in this Court to recover from the first defendant the amount due on the mortgage. He obtained a decree and in due course the property was put up for sale in the execution proceedings. The plaintiff was the purchaser. When he went to take possession he was resisted by the fourth defendant, the son of Kesavan, and the fifth defendant, who is the son of the fourth defendant. On the 21st July, 1936, the fourth and fifth defendants purported to sell the property to the sixth and seventh defendants. This led