King, J.

1. These appeals are concerned with a village in the Salem district called Chettihalli. The mittadar, or owner of the melwaram right in this village was one Ramakrishna Chettiar (to be referred to hereinafter as the mortgagor). He mortgaged his rights in this and other villages to the plaintiff in O.S. No. 33 of 1940, District Munsifs Court, Dharmapuri from which the present appeals have arisen. This was so long ago as 1921, 1922 and 1923, and was effected by three mortgage deeds. Defendants 1 to 3 in O.S. No. 33 of 1940 are inamdars of Chettihalli whose right consisted in receiving every year from the mittadar one-third of the sum payable by the mittadar to Government as peshkush. Attached to this right is a first charge on the mittadars interests in the village. On 30th June 1933, the defendants sued the mortgagor for arrears of this payment of one-third of the peshkush, and for the enforcement of their charge. They obtained a decree on 10th April 1934, brought the mortgagors property to sale on 24th October 1934, and obtained delivery in execution of their decree on 4th December 1934. To this suit the plaintiff, who, by virtue of defendants prior charge, may now