BURTON, J The Plaintiff was the owner of a piece of land some nine acres in extent and comprised in Grant 4381, which lies on the sea-shore not far from Port Dickson. He failed to pay the quit rent due to the State for the year 1930, and the Collector of Land Revenue Port Dickson took proceedings under Part XVII of the Land Code for the sale of the land. As the result of those proceedings the land was put up for Public auction on 17 December 1930 and knocked down to Sabapathypillai, the second defendant, and Shanmugam the third defendant for $ 1175. One fourth of the purchase price was deposited in the Land Office by the purchaser immediately after the sale. The land was sold by the Collector free from encumbrances, but the fourth defendant J. R. Evans held a charge over the land for $ 8000. He was not aware of the sale and did not know the land had been sold till after the sale had taken place and defendants Nos. 2 and 3 declared purchasers. He then consulted his Solicitor Mr. R. T. Foster as to the possibility of annulling the sale; but on receiving advise that the annulment was not possible, he entered into negotiations and bought the land fo