1. The two suits against the decrees in which these two appeals are laid were disposed of in one judgment. Natesa Chetty, the appellant in both appeals, was the plaintiff in O.S. No. 20 of 1934. In O.S. No. 24 of 1934 he was defendant 7. His adversary Ramalingam Chetty was defendant 4 in O.S. No. 20 and the plaintiff in O.S. No. 24. He is the contesting respondent here. In a Court auction, held in pursuance of a mortgage decree, Natesa Chetty through a clerk purchased the mortgage property on 13th October 1924 and was put in possession by the Court on 16th October 1927. But Ramalingam Chetty was a puisne mortgagee of a major portion of the property and he had not been impleaded in the suit. His interest therefore remained unaffected by the decree. On 30th June 1932, Natesa Chetty filed what is now numbered as O.S. No. 20 of 1934 and on 10th August 1933 Ramalingam Chetty filed O.S. No. 24. Natesa Chettys suit was that the property comprised in the first mortgage be sold again and out of the sale proceeds he should be paid the amount due on that mortgage at that date of the plaint. Ramalingam Chettys suit proceeded on the assumption that the prior mortgage had been for the mo