Krishnaswamy Ayyangar, J.

1. This appeal arises out of an order passed by the Subordinate Judge of Tenali in execution of a decree passed by the Subordinate Judge of Bapatla in O.S. No. 63 of 1922 on his file. The appellant is the legal representative of the fourth defendant in the suit which resulted in the decree now sought to be executed. The respondent is the legal representative of the decree-holder. The appellants contention in short was that there was no valid executable decree so far as he is concerned. This contention having been overruled by the Subordinate Judge he has appealed to this Court against his order.

2. In order to appreciate the question that arises for consideration in this appeal it is necessary to state a few facts. O.S. No. 63 of 1922 was instituted by one Lakshmiarayana to recover a sum of Rs. 9,282-5-4 being the balance due on a mortgage dated 1st April, 1910, executed in his favour by the husband of the first defendant in the suit. There were numerous other defendants in possession of portions of the mortgaged properties under alienations effected subsequent to the mortgage. The predecessor-in-title of the appellant was the fourth defendant. By th