ORDER

M.C. Ghose, J. - In this case the petitioners were mortgagees of certain tenure. Opposite party No. 1, the landlord, instituted a rent suit, got a decree and in execution of that decree put up the tenure to sale. It was sold at auction and purchased by another person, opposite party No. 2, wife of opposite No. 3, and not the decree-holder. After about six months the petitioners applied to set aside the sale on the grounds that sale processes had been fraudulently suppressed by the decree-holder and that by such sale the petitioners had suffered substantial loss. The trial Court set aside the sale. In appeal the findings were reversed and the petition was dismissed.

2. It is urged in this Court that the learned Munsif, carefully considered all the evidence on the issue of the service of the sale proclamation. He noticed that the witnesses named in the peon's report were not examined but other persons were brought in to prove the service of the sale proclamation and that a person was brought in who stated that he had beaten the drum whereas his name was not in the peon's report. The Court of appeal considered that the defect might have been due to the mistakes of the peon. The ap