JUDGMENT - BAYDEKAR, J. :

The land in the present application under Article 227 originally belonged to one Dhana Sapadu. He created two mortgages upon it in the year 1928, the first a mortgage in favour of one Madhav Martand, and then a mortgage in favour of one Rajmal Lakhichand. We will not be concerned with the second mortgage in the present case. Madhav Martand sued upon his own mortgage in suit No. 511 of 1928 joining as parties to it Rajmal and the original mortgagor. Rajmal himself purchased the property pendente lite in the year 3932. Subsequently on 10-4-1935 Madhav obtained a decree for sale upon the first mortgage, and in execution of the decree brought the mortgaged property to sale. The application for execution was made in the year 1938, and while it was still pending-it is not quite clear whether in the year 1939 or 1940-41 - Rajmal let the property to opponent No. 1. Subsequently in that application for execution made by Madhav, the property was sold on 17-3-1953, and the petitioner purchased it. He then made the application to the Mamlatdar, from which the present application under Art. 227 arises. That application was for a declaration that opponent No. 1 was not h

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