VISWANATHA SASTRY, J.

( 1 ) DEFENDANTS 1 and 2 are the appellants in this second appeal. The suit wa a filed for recovery of possession of an extent of ac. 32-00 of land and a house from defendants 1 to 3 who claimed title to the properties under three different sale deeds. A conditional decree has been passed by the Courts below directing delivery of possession of the properties by the defendants to the plaintiff subject to the payment of Rs. 2,176/-by the plaintiff to the defendants. One Thippanna Gowd was the original owner of the properties. He died on 28-9-1933 leaving his widow Nanjamma, the 4th defendant and an infant son Somasekhara Gowd, the minor plaintiff,who was then 10 months old. On 13-11-1933 a creditor of Thippanna Gowd by name Erappa instituted o. S. No. 823 of 1933 against the minor plaintiff for recovery of the amount due on promissory notes executed by Thippanna Gowd. The suitennded in a decree against the joint family properties to which the minor plaintiff had succeeded by survivorship on the death of his father. The decree-holder brought the suit properties to sale in execution of his decree, purchased them at the court-sale and took delivery of possession on

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