RAMACHANDRA IYER, C.J. :- This appeal which concerns a question relating to the extent of properties sold in an execution sale, has been directed to be posted before a Full Bench in view of a contention that the decision in Parathasarathi Naidu in re 1957-2 Mad LJ 250 : (AIR 1958 Mad 94) required reconsideration. Before proceeding to deal with that point, we shall set out the facts which have given rise to this appeal.

2. Within the limits of the Karaikudi Municipality, certain number of persons (about 80 in number) owned in common a large extent of land consisting of about 37 items. Disputes arose between the co-sharers regarding the partition of the properties. That was sometime prior to the year 1952. The matter was taken up by means of a suit for partition in the Sub-Court, Devakottai. While the litigation was pending, default was made in the payment of the property tax that fell due for the property to the municipality. The municipality thereupon instituted O. S. No. 16 of 1952 in the Sub-Court, Devakottai, for recovery of a sum of Rs. 5565-1-6 and prayed for a charge over the 37 items, of the properties for realisation of the decree amount. One of the items in respect