MODI, J.—This is a special appeal by an auction purchaser against a judgment and decree of a learned single Judge of this Court dated the 25th August, 1960, and raises an interesting question of law. namely, whether an auction-purchaser is entitled to recover back the purchase money from the decree-holder after the confirmation of a sale in his favour if it is discovered in a suit brought by a third party that the judgment-debtor had no saleable interest in the property purchased by the auction-purchaser, and, therefore, he is deprived of the possession of such property.

2. The facts leading up to this appeal lie in a narrow compass. Mst. Rama respondent No. 1 obtained a money decree against Mst. Gulab. The former having died during the course of the present appeal, is now represented by Nathulal and others. The judgment-debtor Mst. Gulab also having died is represented in this appeal by respondents Nos. 5 to 7. Respondents Nos. 2 and 3 are certain other decree-holders against Mst. Gulab. Respondent No. 4 Ladulal is the alleged adopted son of Kesharlal, husband of Mst. Gulab. In execution of her decree against Mst. Gulab. Mst. Rama attached a Nohra alleging the same to belong to the

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