(1.) A mortgage decree was passed in. O.S. No. 17 of 1920 against the karnavan, Anandravans and other members of a Malabar tarwad. It was found that only a portion of the mortgage amount was binding on the tarwad and the rest was payable by the karnavan alone. A direction, was given in the judgment in the following terms: In case of sale, items Nos. 1 to 21 will be liable only to the extent of Rs. 3,309-9-2 and three-eighths of the subsequent interest and costs and the balance amount will be realised from items Nos. 22 to 29.
(2.) In the decree it was worded as follows: If such payment is not made on or before the said 14 day of December 1921, items Nos. 1 to 21 of the mortgaged property described below be sold for the realisation of Rs. 3,855-11-3 and subsequent interest thereon.
(3.) Items Nos. 1 to 21 were brought to sale and were purchased by the appellant. The Anandravans deposited Rs. 5,300 in Court and applied under Order XXI, Rule 89 to have the gale set aside. The Subordinate Judge, held that the amount paid covered more than the amount charged on the items and set aside the sale. The auction-purchaser has appealed against his order.