( 1 ) THIS is an appeal under the Letters Patent against an order of Chandrasekhara Sastry J. , in S. A. 1266 of 1959 remanding the case to the 1st Appellate Court for fresh disposal in the light of the observations that he made in his judgment.

( 2 ) THE relevant facts are these : The suit out of which the appeal arises is one to set aside an adverse order made against the decree-holder in execution of his decree in S. C. 384/53 against one Piler Khasim Saheb. The said decree was obtained by Piler Miah Saheb on the foot of a pronote executed by the said Khasim Saheb, hereinafter to be referred to as the judgment - debtor on 5-12-50 for Rs. 260. 00. The said judgment-debtor had earlier borrowed Rs. 500. 00 from one Bhaskara Chalamiah under a usufructuary mortgage of his lands on 17-8-1944, Ex. B. 1. The said Bhaskara Chalamiah obtained a sale deed of the lands covered by the mortgage from the judgment-debtor, Ex. B. 2 dt. 22-5-53 in discharge of his mortgage debt.

( 3 ) WHEN the judgment- creditor attached the said lands sold to Bhaskara Chalamiah, the latter filed a claim petition, E. A. 606/55 on 1-8-55 basing his claim on the sale deed obtained by him in dischar