JUDGMENT

Mrs. Sujata V. Manohar, J.-The property in dispute originally belonged to one Padanattil Chengottu Kunnath Tarwad. One Mohammed Haji filed a suit being suit No. 397 of 1941 for recovery of possession of some properties held by this Tarwad on tenancy rights. On 12th of September, 1942 an ex parte decree was passed in the suit in favour of Mohammed Haji for recovery of possession of the lease-hold property and also for arrears of rent. The ex parte decree was executed. A number of items of properties belonging to the Tarwad including the suit properties were attached and sold in court auction held on 18.3.45 in execution proceedings. The suit property herein (one acre and ten cents of agricultural land) was purchased by the decree-holder Mohammed Haji in the Court auction. The delivery of the suit property was given to the decree-holder auction purchaser on 12.3.1946 as per order on E.A. 389 of 1946.

2. After purchase the suit property was given on lease by Mohammed Haji to one Raghavan Nair on 2.5.46. Raghavan Nair in turn sold his rights in the suit property to one Avvappan who is turn, sold his rights to one Raman Menon. Raman Menon sold his rights in the said property on 3