( 1 ) THIS is plaintiffs second appeal and is before us on reference by one of us as it raises a question of raw bearing on the effect of, dismissal in default of a claim petition made by defendant No. 1 under Section 325 H. c. p. c. corresponding to Order XXI, Rule 58, C. P. C. on which there is a difference of opinion between the erstwhile Hyderabad High Court and the other High courts of India.

( 2 ) BRIEFLY stated, the facts are these plaintiff-appel-lant Suryanarayana, son of Janardnanaswamy brought a sun for declaration of title to the suit house situated in Kishna-pur, Warangal. Disrict against derendant 1, his own paternar grand-mother, and defendant 2, Hanumantha Rao, alreged to be the tenant in occupation. The plaint allegations were that Janardhanaswamy, father of the plaintiff was the owner in possession of the suit property, that after his death, the plaintiff was in possession, that the plain-tiffs father had taken a loan from one Mond. Sherif, who in a suit brought against him for the same, obtained a decree and put it into execution, that Janaronanaswamy was dead By that time, that Defendant 1, his mother, set up her claim to the property under Section