Lord Sinha:-

This is an appeal from a judgment and decree of the Court of the Judicial Commissioner of the Central Provinces reversing a judgment and decree of the Court of the Additional District Judge of Bhandara in Suit No. 63 of 1921. The facts out of which the suit arose are as follows : Mauza Chulod in perganna Kampta, district Bhandara, C. P., was put up for auction sale by the Collector under a decree obtained by R. B. Indraraj Bhao, Zemindar of Kampta, against the sub-proprietors of Chulod who had failed to pay him the revenue, cesses and malikana payable by them under the C. P. Land Revenue Act. On 28th October 1907, it was knocked down to Naktu for Rs. 3,810, of which Rs. 1,000 was paid at once and Rs. 2,810 on 12th November 1907. The sale was confirmed in due course on 5th December 1907, and sale certificate issued to Naktu, who was put in possession by the Court officer on 5th June 1908.

On 27th October 1919, i. e., just one day short of 12 years after the auction sale, one Bhikha filed this suit, being suit No. 63 of 1921, in the District Court of Bhandara against Naktu and his sons, alleging that he was the real purchaser, that both the sums which made up the purchase