Ramesam, J.

1. This second appeal arises out of a suit by a mortgagee to recover an amount of Rs. 60 due on the mortgage Ex A dated 19th December 1921 executed by defendants 1 to 5 in favour of the plaintiff. Defendant 6 was impleaded as a subsequent purchaser of the suit hypotheca under Ex. 2 dated 27th November 1924. In his written statement defendant 6 does not merely rely on he subsequent sale deed but upon an earlier transaction. He says in his written statement that the whole site on which the suit house and other houses are suit was part of the survey No. 13 belonging to him. Then he says:

In the said Re-survey No. 13 this defendant has built a big bandy stand (vandipettai) and provided it with all conviences for stay of bandies going to and fro on the highway. The said pettai and the shops, houses vacant space etc., round it absolutely belong to this defendant. For the shake of safety and protection to the said pettai, this defendant gave permission to people to build houses there and reside and in the houses built by the defendant 6 all conveinces for tenants have been provided. The people there have no right either to sell, mortgage etc., either the building or the