Chandrasekhara Aiyar, J.

1. This is an appeal by the first respondent against the order of the Subordinate Judge of South Malabar at Calicut in an execution petition. The decree was for redemption of a kanom and was passed on 29th June, 1923, in favour of the mexharthdar. It determined also the amounts due to the several defendants as value of improvements and directed that on the plaintiff paying into Court the kanom amount and the value of the improvements, less certain damages payable by the second defendant and future rent until surrender, the defendants should give up possession of the property to the plaintiff. This decree was attached by a creditor of the decree-holder who had obtained a decree against him in O.S. No. 847 of 1932. The decree was sold in auction and was purchased by that decree-holder and the application for execution is by her.

2. Execution was resisted by the first respondent (second defendant) on several grounds. Chief among them are (a) that the sale of a decree in Court auction is invalid and therefore the petitioner derives no rights under her purchase; (b) the deposit of the kanom amount and the value of improvements is a condition precedent to e