ORDER

The appellant is the auction-purchaser of 5.86 acres in Peddayyasamudram village in Nellore District. The said land was brought to sale on November 2, 1967 to realise the debt due to the Govt. from one K. Sankaraiah, the brother of K. Radhakrishnaiah, the respondent-plaintiff. The appellant had purchased the same in the said auction. He was granted the sale certificate on April 31, 1969 under Ex. B-1. Later, the second respondent, Radhakrishnaiah filed the suit for setting aside the sale. The trial Court dismissed the suit. On appeal, the District Judge confirmed the same. In Second Appeal No. 632/77 by judgment and decree dated February 28, 1979, the leaned single Judge of the High Court of Andhra Pradesh decreed the suit. Thus, this appeal by special leave. The admitted facts are that K. Sankaraiah, the debtor and the second respondent are members of the joint family. At a partition dated July 28, 1954 under Ex. B-13, Radhakrishnaiah was granted a greater share since he had undertaken to discharge all the liabilities on the joint family properties including the debt contracted by Sankaraiah from the Government under a mortgage. The contention raised by the second respondent,