JUDGMENT :

RAGHUVIR, J.:— The title of two tenements 7-1-670 and 671 of Market Street, Secundera-bad, is in dispute in this appeal. The tenements were owned by S. Rajanna. He was an excise contractor. He tendered them towards security for Pioneer group of arrack shops in 1946. Rajanna defaulted payment of Rs. 14,626-12-0 rentals of shops. On December 17, 1953, in realisation of arrears the revenue department attached the tenements. In the auction held on October 24, 1963, the tenements were sold for Rs. 16,400/-. The highest bidder in, the auction paid Rs. 2,460/- a day before the auction. He paid the balance of sale price of Rs. 13,940/- on February 8, 1964. The sale certificate was registered in his name on January 15, 1965. The vendee in the certificate seven years later on September 4, 1971 alienated the tenements. Thereupon, on August 16, 1972 Anjaiah, a resident of Moosakhan Bazar of Secunderabad, laid the instant suit to declare him the owner of the tenements. He is by avocation an excise contractor. He was declared a defaulter for Rs. 13,000/- by the Excise Department. As a defaulter, he apprehended, he cannot participate in Government auctions therefore he requested his re