Thadani C. J.-This is a second appeal from the judgment & decree of the learned Addl. Subordinate j., A. V. D. dated 24-9-1948, by which he set aside the judgment & 'decree of the trial Ct. which had decreed the pltf.'s suit with no order as to costs.

[2] The pltf. brought a suit for the rectifica­tion of a sale-deed dated 17-7-1935, executed in his favour by the deft, a widow of one Sonaram alias Someawar, purporting to convey the pro­perty in suit of the value of leas than Bs. 100, & for declaration of his title to & confirmation of possession of the rupit land & khas possession of the busti land.

[3] The pltf.' a case was that during his life­time Sonaram, the husband of the deft. reap, had incurred a loan from the Kuhisrbaria Gaolia Bank, for which the applfc. had stood surety with the bank; soma time before 1935, Sonaram died leaving his widow, the reap & two minor daughters; in due course the bank demanded payment of the loan which then amounted to Rs. 100, & the deft.-resp. agreed to sell the land in suit to the plft. for Rs 100 in order to dicharge the loan; the sale-deed was not registered, but delivery of possession was made to him & in due course he had his name entered in

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