( 1 ) THIS is a Letters Patent Appeal against the Judgment of Panchapagesa sastri J. dismissing the appeal filed against the judgment of the learnt d Subordinate judge of Bapatla confirming that of the District Munfif of Orgole in a suit for declaration and injunction, or in the alternative for possession. The 1st defendant obtained a decree against the 2nd defendant in Small cause Suit No. 617 of 1936 on the file of the District Munsif s Court, Ongole.

( 2 ) IN execution of that decree, the plaint schedule property was attached and brought to sale. Before the sale the 3rd defendant preferred a claim petition E. A. No. 787 of 1941 setting up title to the same. Though the judgment-debtor was made a party to the application, no notice was taken to him. Arguments in the claim petition were heard on 21-7-1941 but orders wereptonounctd only on 25th july, 1941 allowing the claim. On 21-7-1941, notwithstanding the pendency of the claim petition, the auction sale was held and the 1st plaintiff purchased the property. On 19-8-1941, the 3rd defendant filed an application under Section 151 C. P. C. praying that the sale may be cancelled but that was dismissed by the learned District Munsif on

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