1. An interesting question has been raised in this Second Appeal and the case has been referred to a Full Bench in view of the importance of the question. Can a decree-holder-auction-purchaser institute a suit against the judgment-debtor for refund of the purchase money paid by him when, subsequent to the sale, he discovers that the judgment-debtor had, at the time of the court sale, no saleable interest in the property? That is the question for our consideration. The answer to this by the courts below was in the affirmative and the plaintiff has therefore obtained a decree. That is challenged by the appellant here who is the sole defendant in the suit.

2. The appellant before us is the first defendant in O. S.83 of 1955 of the Sub Court, Vaikom. That was a suit filed by one Ouseph Tressiamma against this appellant who was her sister, as the first defendant and one Isaac as the second defendant. That was for recovery of a sum of Rs. 1500/- with interest said to be due to Tressiamma under a will executed by her father which amount the appellant was directed to pay her. That is said to have been charged upon the property bequeathed to the appellant. The suit was contested