Judgment

RAGHUBAR DAYAL, J. : This appeal, on certificate granted by the High Court at Nagpur, is directed against its order dismissing the appellant s appeal against the dismissal of his objection, under S. 47 of the Code. of Civil procedure, by the III Civil Judge, Class I, Nagpur.

2. The respondent purchased at auction sale, held by the Revenue officer for recovery of arrears of land revenue, eight anna share of Ganpatrao in mouza Vadoda, Tehsil and District Nagpur, in the Central Provinces, and obtained formal possession of that share on September 23, 1938. Ganpatrao relinquished his share in khudkasht lands and they were recorded as the occupancy lands of his wife and sons. They surrendered those fields to lambardar Narain, who leased those fields in occupancy right to the appellant in 1940. The respondent filed a suit for possession of certain fields including the fields in suit viz., fields khasra nos. 147 and 154, and based his claim on his proprietary right to recover possession and not on the loss of possession on account of the appellant s dispossessing him. The suit was decreed and the decree was upheld by the Nagpur High Court by its order dated April 20, 1951,* it being