Judgement

IMAM J. - This is an appeal from the decision of the High Court of Mysore on a Certificate granted by that Court to the appellant, who was defendant 3 in the suit.

2. The plaintiff had purchased the property in suit from one Gangamma, Daughter of Gurushanthamma, under a registered sale - deed dates 28-4-43. The property was already mortgaged. The plaintiff accordingly brought a suit for redemption and possession. The appellant had previously purchased the property from the father of defendants 1 and 2 on 31-8-42. His contention was that he was a bona fide purchaser without notice of the mortgage and had effected improvements on the property.

3. A preliminary decree for redemption and possession was passed by the Munsif on 30-6-45. The Munsiff found that the appellant was a bona fide purchaser and had in fact effected improvements on the property. He was entitled to compensation under S. 51, Transfer of Property Act. The preliminary decree accordingly directed the plaintiff to choose within two months either to pay to the appellant the cost of improvements and take possession of the property or to sell the property in suit to the appellant. The plaintiff elected on 25-7-45 t