Judgment

HEGDE, J.: - This is an appeal by certificate. The defendant No. 1 is the appellant in this appeal. Respondent No. 1 is the plaintiff in the suit. The material facts of the case are as follows:

2. Respondent No. 1 purchased Touzi No. 6 in Mahal Roynagar in a sale under Act XI of 1859 on January 6, 1936. That sale took effect from September 29, 1935. He took delivery of possession of the property purchased by him through the Collector of 24, Parganas on June 4, 1936. Thereafter he got his name registered under the Land Registration Act in substitution of the name of the previous recorded proprietor. According to Respondent No. 1 he had a share in the suit property, but as his claim was denied by the appellant, he instituted a title suit in the Court of the Subordinate Judge, Alipore against the appellant and others for declaration of his title and for joint possession to an undivided 1 anna 3 gondas share in 74 Bighas 4 Cottahs of land in premises No. 2, Judge s Court Road, Alipore, Calcutta which comprised former premises Nos. 5, 5/1 and 6, Alipore Lane and Nos. 13 and 14 of Bainabpara Lane and mesne profits. During the pendency of the suit 2 Bighas 1 Cottahs of land out of