Judgment

PALEKAR, J.: This is an appeal by special leave from the judgment and decree passed in Second appeal by the High Court at Calcutta. The appeal arises out of a suit filed by the original plaintiff Aswini Kumar Mandal for declaration of his title and for possession. The property involved is 10 Cottahs in extent recorded as plot No. 571 of Khatian No. 649 of Mouza Belgachia Kismat in the District of Howrah.

2. The said property formed part of one holding. The other part comprised plot no. 570 Khatian no. 558 with which we are not immediately concerned. The holding originally belonged to the Bagchis who sold it to one Purushottam Sonar on 21-9-1972 for a consideration of Rs. 800/-. On August 28, 1928 Purushottam Sonar mortgaged the property to a firm named Shewpujanrai Indrashankarrai. Shewpujan enforced the mortgage and a preliminary decree for sale was passed in his favour on June 21, 1931. The decree was made final the same year and in execution of the decree the holding was purchased in court auction by Shewpujan on January 11, 1932. Possession was supposed to be taken on March 3, 1932. Aswini Kumar Mandal purchased the holding from Shewpujan on 9-8-1949. That is the title o