Kuppuswami Ayyar, J.

1. The plaintiff-decree-holder is the appellant. His petition to execute the decree obtained for recovery of money due on a hypothecation deed was dismissed by the lower appellate Court upholding the objection of the judgment-debtor that the decree-holder could not execute for the entire amount decreed inasmuch as he has become the purchaser of the one of the items of the hypotheca in a sale held in execution of the decree on a subsequent mortgage in which he has purchased the property subject to the mortgage sued on. The first Court disallowed the objection of the judgment-debtor and directed execution to proceed as per the terms of the decree. But the lower appellate Court found that he could not execute the decree and instead of ascertaining for how much he could execute, dismissed the petition. Hence the appeal.

2. The mortgage deed on which the suit Was filed was executed on the 18th February, 1929, to the appellant by the father of the first defendant for himself and as testamentary guardian for the second defendant-respondent for Rs. 6,000. Three items of properties were mortgaged under it. The first item alone belonged to the first defendants fath