1. - This is a defendant's miscellaneous appeal arising out of the judgment and decree dated February 6, 1979, of the, gleamed District Judge, Jodhpur, under which the learned District Judge set aside the judgement and decree dated September 1, 1977 of the Additional Civil Judge Jodhpur.

2. The appellant was a defendant in Original Suit No. 26/75, filed by Manoharsingh, respondent No. 1 against him and others. The suit was filed with the allegations that the suit property described in para I of the plaint, had been sold by Naneshah to Ramkumar under a sale-deed dated June 20, 1954 and Since then Ramkumar was in possession of the suit property and on' part of it Naneshah along with his wife Smt. Hafiza was in possession as a tenant from Ramkumar. A dispute had arisen in between Naneshah and the tenants and Naneshah filed a suit against Mohanlal and Megraj for rent and eviction, which suit was dismissed and it was held that said Megraj and Mohanlal were the tenants of Ramkumar and part of Naneshah. The decision, darted May 28, 1959, of the trial court was upheld in the appellate court on October 28, 1960. Ramkumar also filed a suit for eviction against Naneshah, which was dec