1. In the suit out of which this, appeal arises the plaintiff prayed for redemption of a Sudhbharna bond dated 22-7-1909, executed by the ancestors of the defendants second party in favour of the mother of the defendant first party with respect to 3 bighas 19 kathas 1 dhur of land. It was alleged that the plaintiff purchased the mortgaged property from the defendants second party by a registered sale deed on 6-5-1939. The suit was resisted by the defendants first party who alleged that on 25-3-1939, there was a contract for sale executed by the defendants second party in favour of the defendant first party with regard to the disputed land. The suit was dismissed by the Munsif on the ground that the plaintiff did not acquire any title under the sale deed because there was no consideration given and also because the plaintiff made the purchase with notice of the agreement for sale made in favour of the defendant first party. The plaintiff took the matter in appeal, but the appeal was dismissed by the lower appellate Court on the ground that the plaintiff had acquired no title under the sale deed because no consideration was paid. When the matter came to the High Court in seco