The learned judge observed at p. 445: "I have, therefore, no hesitation in coming to the conclusion that where a mortgagee institutes a suit bona fide against the person in possession of the estate of the deceased mortgagor, who is in such possession in assertion of a claim to succeed to that estate, and where a person purchases the mortgaged property bona fide in execution of that decree, such purchaser gets the full title to the mortgaged property by virtue of such sale and the real heir is bound thereby and that his only remedy, if at all, in a proper case is to get the sale set aside by appropriate proceedings in time." In a recent judgment of the Madras High Court in Shunmughom Chettiar vs K. A. Govindasami Chettiar and others(3) it was held that where after the death of the mortgagor, in a suit on the mortgage, the mortgagee bona fide and "after due care and ' (1) I.L.R. (2) I.L.R. [1950] Cutt.