CHANDRA REDDY,C. J.

( 1 ) THE question that calls for decision by this Full Bench is whether it is open to a Court auction-purchaser, on finding that the judgment-debtor has no saleable interest in the property sold, to sue for a refund of the purchase money on the ground of failure of consideration.

( 2 ) THE facts leading up to this litigation may be briefly stated. The appellant obtained a money decree against the second defendant on 3-3-1950 in the court of the District Munsif, Eluru, and in enforcement of the decree, brought Ac. 1-92 cents of land to sale in November 1950. The sale was recorded on 2-5-1951. Meanwhile, the defendant carried an appeal against that decree and succeeded in getting that judgment set aside and the matter remanded to the trial Court. Pending the re-trial of the suit, the judgment-debtor executed a registered gift deed of this property in favour of his daughter and son-in law.

( 3 ) ON re-trail, the suit was decreed and, in execution of the decree, this land was re-attached and was being brought to sale. At that stage, the donees intervened with a claim based upon the gift deed. The claim petition was dismissed as having been filed too late. On the sa

Click Here to Read the rest of this document