MALVANKAR J.- This is an appeal against the judgment and decree Passed by the Assistant Judge, Dhulia, on May 7, 1965, in Civil Appeal No. 294 of 1963, allowing the appeal and decreeing the suit being Regular Civil Suit No. 275 of 1962 which was dismissed by the trial Court with costs. The appeal arises this way.

2. The present appellant is original defendant No.1 and respondents Nos. 2 and 3 are original defendants Nos. 2 and 3. Respondent No. I is the original plaintiff. Defendant No. 1 had obtained a money decree against defendants Nos. 2 and 3 in Regular Civil Suit No. 312 of 1950. The property in dispute which is a plot of land originally belonged to one Balabai wife of Ishram. In the year 1947 defendant No. 2 had purchased this plot from Balabai. On February 20, 1955, defendant No.2 sold the plot to the plaintiff for Rs. 500 under a registered sale-deed, exh. 45. After the purchase, the plaintiff also constructed a cattle-shed on it. Since then the plaintiff was in possession and enjoyment of the plat along with an adjacent plot with which we are not concerned in this appeal. Defendant No. I, after he obtained the money-decree, had filed Regular Darkhast No. 630 of 1