JUDGMENT

BALAKRISHNA ERADI, J. :— This appeal by special leave is directed against a judgment of the High Court of Andhra Pradesh in two connected Second Appeals - Second Appeals Nos. 719 and 826 of 1967. Those Second Appeals arose out of a suit filed by the appellant herein for setting aside the summary order passed in E. A. No. 90 of 1958 in E. P. 7 of 1956 in O. S. No. 26 of 1952 on the file of the Sub-Court, Anantapur, and for recovery of possession of plaint C Schedule property or, in the alternative, for partition arid recovery of one-half of the property described in the plaint B Schedule. The plaint C Schedule plot is a southern portion of the property described in the B Schedule.

2. The plaint B Schedule property consisting of 1 acre and 90 cents of land together with two houses situated therein belonged to one Allabaksh. He was adjudged an insolvent and the Official Receiver sold a half right in the said property to one Moola Narayanaswamy under Exh. A-3 dated December 6, 1939. The remaining half interest in the property belonging to Allabaksh was also subsequently brought to sale by the Official Receiver and one J. Narasimhulu became the purchaser. Exh. A-27 dated January