Varadachariar, J.

1. The appellant-plaintiff purchased the suit properties in 1924 in execution of the decree in O.S. No. 48 of 1915 on the file of the Sub-Court of Tuticorin. The defendant was the decree-holder in O.S. No. 55 of 1922 on the file of the Additional Sub-Court of Tinnevelly, and himself became the purchaser of the properties in execution in March 1926. That suit (O.S. No. 55 of 1922) had been instituted on a mortgage (Ex. L) executed some time in 1917; but, prior to the date of Ex. L, the decree-holder in O.S. No. 48 of 1915 had entered into an arrangement with the mortgagor who was also the judgment-debtor in O.S. No. 48 of 1915 and that arrangement is embodied in Ex. F. The principal question for decision in this second appeal is whether, under Ex. F a charge had been created for the amount due under the decree in O.S. No. 48 of 1915 so as to postpone the title of the purchaser in O.S. No. 55 of 1922 to that of the purchaser in execution of the decree in O.S. No. 48 of 1915.

2. To understand the true effect of Ex. F it is necessary to state a few facts that led up to it. The decree in O.S. No. 48 of 1915 was for a considerable sum of money out of which some po