Bhagwati, J.

1. This is a second appeal against the decision of the learned Dist. J. Surat who modified the decree passed by the learned Civil Judge at Bulsar in favour of the pltfs. The facts which gave rise to this second appeal may be shortly stated as under.

2. The suit land is an alluvial land adjoining a piece of land out of survey No. 302/1/1 of Bhadeli Jagalala measuring about 15 acres. The adjacent land of about 8 acres out of this survey No. 802/1/1 belonged to certain Kolis it was purchased from them by deft. 1 by a sale-deed dated 25 9-1937. The Kolis were, however, not in possession of that piece of land but one Mrs. Ansell was in possession of the same. It was, therefore, agreed between deft. 1 the Kolis that if the Kolis got possession of the said land, they should hand it over to deft. 1 or deft. 1 should obtain possession of the land by lawful means from Mrs. Ansell. Mrs. Ansell, however, continued in possession of the same the possession of that piece of land could not be recovered either by the Kolis or by deft. 1. Defendant 1, therefore, filed a suit being Suit No. 44 of 1941 in the Ct. of the Second Class Subordinate Judge at Bulsar against Mrs. A