G.N.DAS, J. - (1.) THIS appeal is at the instance of the defendant and is directed against the judgment and decree dated 29th March 1946 passed by Mr. P. P. I. Vaidyanathan, learned District Judge, Malda, affirming on appeal the judgment and decree dated 17th November 1944 passed by Mr. S. C Chakravarty, learned Subordinate Judge, Malda decreeing the plaintiff's suit.
(2.) THE plaintiff's case was that the disputed property appertained to 2 jamas held by the defendants under Sadek Reja. The latter instituted a suit for rent and recovered a decree. In execution of the decree, the property was put up to sale and was purchased by Charu Chandra Sarkar, pleader of the decree -holder on 26th March 1940, The judgment -debtor's application for setting aside the sale failed. The auction purchaser Charu Chandra Sarkar took possession through Court on 31th December 1940 and later sold the property to the plaintiff on 16th December 1942, The plaintiff having failed to get possession, instituted the present suit for declaration of title and for possession. Defendant 2 who contested the suit, pleaded that the plaintiff's vendor did not acquire any title by his auction purchase in view of the provisions of Order 21, Rule 73, Civil P. C
(3.) BOTH the Courts below overruled the defence and decreed the plaintiff's suit. Defendant 2 has preferred this appeal.;