P.T. Raman Nayar, J.

1. This second appeal arises out of a suit brought under Order XXI, rule 63 of the Code.

2. In O.S. 796 of 1100 of the Munsiff's Court, decree against one Mytheenkunju Kurup, the father of the present defendants 1 to 3. After the decree, Mytheenkunju Kurup died; his legal representatives, the present defendants 1 to 3, were impleaded in execution as additional defendants; and the property now in suit which originally belonged to Mytheenkunju Kurup but which he had gifted in separate portions to defendants 1, 2 and 3 under Ext. D3, dated 20th Dhanu 1094 M.E. (3rd January 1919) was attached on 17th Edavom 1113 M.E. (30th May 1938). By Ext. D6, dated 2nd Mithunam 1118 M.E. (16th June 1948) the part of the suit property which is the subject matter of this appeal was sold by defendants 2 and 3 to the 4th defendant, and on 21st Mithunam 1121 M.E. (5th July 1946), three years after his purchase and eight years after the attachment), on the very day on which the property was notified for sale in execution, the 4th defendant and his wife, the 5th defendant, (the latter being interested in that portion of the suit property which is not the subject matter of this ap