1. The appellant who is the stranger-auction purchaser in execution of the decree in O. S.15 of 1964 on the file of the principal Subordinate Judge's Court, Ernakulam, complains against the dismissal of E. A. 813 of 1968 filed by him under S.151, Order2l R.90 and 91 C P. C., to set aside the court sale. The properties of the third defendant were purchased by the appellant in count auction on 11111968 for Rs. 9280.70 and he deposited Rs. 2321/-being 1/4th of the auction amount under 0.21 R.84 CPC. E.A. 813 of 1968 was filed on 18 111968 on the ground that the leasehold interest created by the 3rd defendant in the property in 1960 was not disclosed in the sale proclamation and its non-disclosure is an act of fraud practised by the decree-holder and the 3rd defendant on the intending purchasers and the court and therefore the sale is liable to be set aside. In E. A. 813 of 1968 the appellant also prayed for the return of the sum of Rs. 2321/-deposited by him. The decree-holder filed his objections on 26 111968. Thereafter and within fifteen days from the date of auction the appellant deposited the full amount of the purchase money payable under 0.21 R.85 CPC. and the amoun