Alfred Henry Lionel Leach, C.J.

1. In 1935 the third respondent in this appeal obtained a decree for Rs. 3,575 against the first and second respondents in the Court of the District Munsif of Villupuram. In execution of the decree the third respondent attached and brought to sale fourteen items of immovable properties belonging to the judgment-debtors. One item of property was purchased at the Court auction by the appellant for the sum of Rs. 264. The total amount realised for the fourteen properties was Rs. 2,217. The sale took place on the 2nd December, 1935. On the 2nd January, 1936, the judgment-debtors assigned to the decree-holder a mortgage which had been executed in their favour. The assignment was in part satisfaction of the amount due under the decree. It is admitted that the value of the mortgage assigned was Rs. 2,207 leaving a balance due under the decree of Rs. 10. The Court closed for the Christmas vacation some days before the 25th December, and did not reopen until the 3rd January, 1936. On that date the judgment-debtor paid into Court Rs. 10, the difference between the amount stated in the sale proclamation and the value of the mortgage assigned to the decre