Pandrang Row, J.

1. This is an appeal from the decree of the Subordinate Judge of South Malabar at Calicut dated 11th December 1930 in Order Section No. 56 of 1927, a suit to set aside an order passed in execution proceedings in O.S. No. 63 of 1924, which was a suit on the foot of a mortgage executed by defendant 5 in favour of the plaintiff, the Nedungadi Bank Ltd. The mortgage-deed, Ex. C, was one dated 8th May 1922. In execution of the decree the bank purchased the mortgaged property, but when an attempt was made to obtain delivery of possession there was resistance by defendants 1 to 4 in respect of the particular item which is the subject matter of the present suit, there being in all 21 mortgaged items. The resisters relied upon a wakf deed executed by defendant 5, namely Ex. 2 dated 29th September 1921, i. e. about seven months before the mortgage in favour of the Bank. An application by the Bank to remove the resistance of these defendants was made in 1926; that application was dismissed by the Subordinate Judge who upheld the contentions of defendants 1 to 4, though the plaintiff Bank relied on a cancellation deed whereby the wakf was revoked or cancelled not only b