This appeal arises out of a claim petition for removal of obstruction filed by the decreeholders in E.A. No. 705 of 1981 in E.P. No. 780 of 1973 in O.S. No. 795 of 1963 on the file of the Principal Subordinate Judge, Salem.

2. The facts in brief are as follows:

The property belonged to one Govindasamy and his son Chandrasekaran. It was mortgaged by Govindasamy to one Gurusamy for Rs. 4,000/-On 10.1.1945. The mortgagor was adjudged as an insolvent in I.P. No. 5 of 1945 and the Official Receiver attempted to sell the equity of redemption to one Kandasamy, who was the brother of the mortgagor. But, the sale was not concluded. The mortgagee filed O.S. No. 227 of 1949 to enforce the mortgage against the mortgagor, his brother, who has purported to purchase from the Official Receiver the equity of redemption and the minor son of the mortgagor, Chandrasekaran. It was held by the Court that the mortgage was not binding on the minors half share. A preliminary decree was passed on 5-9-1950 as against the mortgagors half share of the property. Final decree was passed on 29.6.1951. The decree was executed and the decreeholder himself purchased the property on 25.6.1953.

3. The minors h