1. This is a suit by am auction-purchaser for a declaration that the auction sale held on 5 December 1957, and the agreement for sale of the same date are null and void and liable to be set aside and cancelled respectively, on the ground of fraud, misrepresentation and for suppression of material defect in the seller's title by the defendants nos. 1 to 4 and for want of saleable interest in the properties sold. The facts out of which this action arises are as follows:

2. On or about the 4 December 1956 Dharam Chand Raniwala and a Motilal Jhunjhunwala jointly filed a suit being suit No. 3032 of 1956 of this Court against Aminuddin Ahmed alias Aftabuddin Ahmed for recovery of Rs. 5,000/- for money lent and advanced on a promissory note. At the time of the filing of the above suit Dharam Chand and Motilal also held a registered mortgage from Aminuddin on his 10/l8ths share in premises Nos. 12a and 12b Fullbagan Road and 23/a and 23/b, Mofidu Islam Lane which had by then become due and payable. It appears that a mortgage suit was not brought as it had to be filed in the Alipore Court on payment of advalorem duty. On 7 December 1956 a consent decree was passed in suit No. 3032