( 1 ) THE appellant in Second Appeal No. 424 of 1961 is the plaintiff; while the appellant in Second Appeal No. 539 of 1961 is the defendant in Civil Suit No 97 of 1957 filed in the Civil Court at Sidhpur. The circumstances under which these two Second Appeals arise may be briefly stated

( 2 ) THE subject matter of this dispute is a house at Sidhpur and it belonged to one Alihussain Mahmadalli Iqbal. On 6-11-1952 Alihussain entered Into an agreement for sale (Exh. 120) of this house with the plaintiff and the sale price was fixed at Rs. 8 0 out of which an amount of Rs. 2 500 was paid to Alihussain by the plaintiff on 6-11-1952. The balance amount of the purchase price has been paid by the plaintiff by the end of 1954. With the execution of the agreement on 6-11-1952 Alihussain put the plaintiff in possession of the house. The present defendant obtained a money-decree against Alihussain on 15-2-1955 in suit No. 873 of 1954 in the Calcutta High Court. The present defendant- judgment creditor filed Execution Application No. 75 of 1955 in the Court of the Civil Judge (Junior Division) at Sidhpur and in execution of the decree he got the house attached on 27th June 1955. T