JUDGMENT :- The plaintiff is the appellant. The second defendant respondent herein had mortgaged a superstructure. The plaintiff obtained a decree in O. S. No. 345 of 1951. In land acquisition proceedings the site and the superstructure were acquired, compensation being granted to the owner of the site and to the 2nd defendant as the owner of the superstructure. The plaintiff as mortgagee did not put forward his claims in the acquisition proceedings with the result that the compensation amount was paid to the 2nd defendant. This was subsequent to the decree which the plaintiff had obtained. Thereupon, the plaintiff laid the suit against the State of Madras and the 2nd defendant for recovery of the amount of his mortgage claim. The learned District Munsif, Tiruvarur, dismissed the suit as against the State of Madras but passed a decree against the 2nd defendant. The 2nd defendant appealed and his contention was that the plaintiffs remedy was not personally against him but only against the superstructure.

He claimed that the mortgage had been effected by one Chinnasami Naicker. The 2nd defendant had purchased the property in a court auction in execution of a decree and the pr