Judgment

ALAGIRISWAI, J. :- This is an appeal by certificate against the judgment of the High Court of Mysore in a Second Appeal. It arises out of a suit filed by respondents 1 and 2 (who will hereafter be referred to as plaintiffs) for a declaration that the sale held in execution of the decree obtained by the appellant (who was the 9th Defendant in the suit) in O. S. No. 31 of 1937-38 against their father and other members of their family was void ab initio. O. S. No. 31 of 1937-38 had been filed by the present appellant on the basis of a promissory note executed as already mentioned, by the father of the plaintiffs and other members of that family. In execution all the sixteen items of properly belonging to the family were sold. The sale was in pursuance of an attachment before the judgment, made on 25th September, 1937. The suit was subsequently decreed. In the suit the only plea taken was that the defendants were agriculturists entitled to the benefit of the Mysore Agriculturists Relief Act, 1928. The plaintiffs filed the suit for a mere declaration because they continued in possession of the properties which had been sold in execution and purchased by defendants 10 and 11 in