S. RAMACHANDRA IYER, C.J. :- This is an appeal from the judgment and decree of the Fifth Assistant Judge, City Civil Court, Madras in O. S. No. 1654 of 1957. The suit was instituted by the appellant for specific performance of a contract of sale of premises No. 41 Veda Vinayakar Koil St., Purasawalkam, Madras. The facts which gave rise to the suit are these -

2. In the year 1954, the second respondent who was the owner of the suit property No. 41 Veda Vinayakar Koil Street (now known as Perambur Barracks Road, Purasawalkam, Madras) created an equitable mortgage over it for securing a sum of money advanced to him by the first respondent. It is not disputed that the transaction conferred on the mortgagee a power to sell the mortgaged property. There was default in payment of the mortgage amount as stipulated. The first respondent purporting to act under the power of sale, caused the suit property to be sold by public auction through Messrs. Murray and Co., auctioneers. The relevant conditions of the sale are those contained in paragraphs 2, 3 and 6 of the proclamation which run as follows :

"1. The highest bidder shall be the purchaser and in case of any dispute, the lot shall