1. The 2nd plaintiff in O.S. No. 51/1104 of the Quilon District Court is the appellant in this case. The appeal is from an order in execution. The suit was for partition. When the plaintiffs applied for delivery of possession of the properties allotted to their share in the final decree the present respondent put in an obstruction petition in respect of 20 cents in the decree schedule C item No. 20. It was contended that this plot was sold in revenue auction on 10.8.1109 for arrears of Sirkar Tax and was purchased by the 70th defendant in the case who sold it to the obstructor on 11.10.1110. The lower court allowed the obstruction petition and the appeal is filed from that order.

2. The suit was filed in 1104 and the preliminary decree was passed on 27.1.1110 and the final decree on 27.5.1110. The revenue auction was on 10.8.1109 i.e., before the date of the preliminary decree. The points urged in this appeal by the learned advocate for the appellant are the following. (1) The revenue sale is affected by lis pendens; (2) the 70th defendant who was the revenue auction purchaser was bound to put forward his claim in respect of the property in the suit itself and that there