1. This is an appeal arising from a suit which has been filed by the plaintiffs who had purchased the property for defendant No. 1 on 6-9-1945. It appears that prior to the plaintiffs purchase there was litigation between defendant No. 1 and defendant No. 2 with regard to the property in suit, and defendant No. 1 obtained a decree for possession of the lands in suit as against defendant No. 2 in the year 1932.

In the year 1940 defendant No. 1 made an application for execution of this decree joining as parties to the execution application defendant No. 3 and his sons defendants Nos. 4 and 5 also upon an allegation that in the year 1928 defendant No. 3 appeared to have taken a Thev Patra from defendant No. 2. Notices of the application for execution were served upon defendants Nos. 3 to 5; but they took no notice whatsoever of the application for execution. It was then held that the Thev Patra which had been taken by defendant No. 3 had to take subject to the result of the suit which had been filed by defendant No. 1 against defendants No. 2, because the doctrine of lis pendens applied. Possession was consequently given to defendant No. 1 on 2-6-1942. The plaintiffs purchase w