JUDGMENT

1. The facts which are relevant for the purposes of the present appeal and which are in dispute now are as follows: One Dasarath De, who is defendant 6 in the present suit, mortgaged the disputed land to the father of the plaintiff and the proforma defendants 7 and 8 and the husband of pro forma defendant 9 on 20th Sraban 1274 M.E. corresponding to 4th August 1912. The plaintiff and the pro forma defendants brought a suit on their mortgage on 9th July 1920. Usual mortgage decree for sale was passed on 8th September 1923 and the property was purchased by the plaintiff on 8th May 1924. The same mortgagor, that is defendant 6, mortgaged these very lands to one Lakshi Charan Saha on 21st Chaitra 1274 corresponding to 5th April 1913. Lakshi Charan Saha's son Prasanna Kumar Saha sued on his father's mortgage on 2nd June 1919 and obtained a decree on 11th September 1919 in execution of this mortgage decree. Defendant 2 purchased the property in execution of the mortgage decree on 2nd February 1922, and obtained possession of the lands through Court. The plaintiff after his purchase on 8th May 1924 could not get actual possession. On 13th December 1927 he raised the present suit fo