Walsh, J.

1. The plaintiff is the appellant. The suit relates to two items of property. The A schedule property belongs to one Kuppuswami Padayaehi and was sold to the appellant and two others on 9th December 1922 (Ex. C). The other two vendees sold their share to the plaintiff on 19th December 1923 (Ex. D). The B schedule property belonging to one Thangavelu Padayachi was sold to the plaintiff on 27th June 1923 (Ex. E). The properties were sold as free of encumbrance. But plaintiff found that they were both subject to a mortgage on 17th August 1917 for Rs. 460 in favour of defendant 1, the Co-operative Rural Credit Society of Ulakottai Village, Default having been made under the mortgage to the Co-operative Society, it proceeded by C.C.S. 1 of 1922 to obtain an award from the Assistant Registrar of Co operative Societies. An award was passed on 31st August 1922 directing the mortgagor to pay the amount. It was filed in Court with an execution petition, E.P. No. 1650 of 1922, on 17th November 1922. Under this execution petition the properties were sold on 21st November 1923, and the Society purchased the hypotheca. The sale was confirmed on 22nd February 1924. Plaintiff want