Ramesam, J.

1. The facts of this Second Appeal may be stated as follows: The 1st defendant, Somu Asari, executed a deed of mortgage, Ex. A, on 27th October 1907, in favour of one Govinda Asari, for Rs. 100, payable in two years with interest at 12 per cent per annum and a higher interest in default. Govinda Asari, the mortgagee, died on 19th August 1914 leaving two sons, Amirthalinga Asari and Chinnasami Asari. In a partition between the sons the suit debt fell to the share of Amirthalinga Asari. He was declared an insolvent and his property vested in the Official Receiver of Tanjore who files this suit for recovery of money due on the mortgage deed. The suit was filed on 26th October 1921. The suit was originally filed against four defendants, and we may ignore the fourth defendant for the present. The second defendant purchased the property from 1st defendant. The 3rd defendant again parchased the property in execution of a decree against the 2nd defendant. The 3rd defendant filed an application for being declared an insolvent on 16th November 1920. Under Section 20 of the Provincial Insolvency Act, the Official Receiver was appointed interim Receiver on 17th January 1921.