Varadachariar, J.

1. This is an appeal by defendants 7 and 8 on whose behalf the suit properties had been purchased from defendant 1 by a sale-deed dated 15th November 1928. The suit was instituted for recovery of two sums of money from defendant 1 and by sale of the suit properties and defendants 7 and 8 were impleaded as subsequent purchasers. In respect of one item, namely, a sum of Rs. 2,500, the plaintiff claimed that he was entitled thereto under a mortgage-deed, Ex. A dated 20th September 1921, executed by defendant 1 in favour of the plaintiff. In respect of the other sum, the plaintiff claimed that according to the terms of a release deed which formed part of the settlement of accounts between himself and defendant 1 in respect of a partnership business carried on by them, defendant 1 had undertaken the liability to pay off certain debts but on account of his default the plaintiff was obliged to pay the same and that according to the terms of that arrangement he was entitled to a charge on the suit properties for this amount also.

2. Defendant 1 was ex parte. Defendant 2 who was the father of defendants 7 and 8 filed a written statement setting forth various defences