Kumaraswami Sastri, J.

1. This Letters Patent appeal arises out of an order refusing stay in C.M.A. 108 of 1928 filed against the order of the Subordinate Judge in execution under Order 21, Rule 66, while settling the sale proclamation. Various contentions were raised when the sale proclamation was fixed One was as regards the value of the property and the other was as regards certain encumbranees. There were two encumbrances; one was a mortgage to one Subramama Sastri and the other was the security given to the District Court i the Tanjore Palace Estate Suit, where certain parties withdrew money for Court. As regards the security, the contention on one side was that the Tanjore Palace Suit encumbrances did not subsist and as regards Subramani Sastris mortgage, the contention was that it was not for a cash consideration but as a charge for some running account. It was also contended that there was no mortgage amount due to him and that Subramania Sastri an, the plaintiff consented to sell the property free of encumbrances. This question had to be decided in fixing the proclamation of sale. The Subordinate Judge said that the Tanjore Palace Security was not discharged becaus