N.L.Untwalia, J.

1. The undisputed facts as mentioned in the judgment of the lower appellate court are these A house situate in the town of Monghyr bearing Municipal holding No. 223 belonged to Dayanand Purbey, opposite party No. 2 in the Civil revision and respondent No. 2 in the miscellaneous second appeal Akshaya Kumar Mandal, the petitioner in the civil revision and the appellant in the appeal, filed Monev Suit No. 64 of 1952 against opposite party No. 2 for realisation of Rs 13,000 and odd He finally got a decree on the 26th November 1959. He put that decree in execution in Execution Case No. 4 of 1960 The holding aforesaid was attached in execution of that decree on the 11th February, 1960. The petitioner purchased it for Rs. 4,000 on the 13th July, 1960 (the year 1961 mentioned in the judgments of the Courts below is a mistake). Eventually the sale was confirmed and the petitioner obtained delivery of possession also on the 27th May, 1962

2. Binod Kumar Sinha, who is opposite party No. 1 in the civil revision and respondent No. 1 in the appeal, was a usufructuary mortgagee of the property bearing holding No. 223 for Rs. 7,000. The mortgage had been executed by opposi