S. Swamikkannu, J.

1. This is an appeal filed by the plaintiff in O.S. No. 49 of 1978 on the file of the Court of the Second Additional Subordinate Judge of Pondicherry, against the judgment of the trial Court dated 7th September, 1979, dismissing the suit.

2. The case of the plaintiff-appellant in the lower Court was as follows : The second defendant sold the suit house to him for Rs. 45,000/- under a sale deed dated 11.8.1976. At the time of execution of the sale deed, the second defendant produced an encumbrance certificate which showed that a sum of Rs. 20,000/ had been borrowed by the second defendant from one Kanagalingam on 4.9.1973. The encumbrance certificate did not disclose any other encumbrance. The plaintiff took possession of the house. While so, on 8.2.1978, the plaintiff found a sale notice affixed on the suit property, which proclaimed for sale the suit property in E.P. No. 314 of 1977 on the file of the Sub-Court, Pondicherry. The above sale notice disclosed the second defendant as the judgment-debtor in the said execution petition which had been filed in execution of a decree obtained by the first defendant against the second defendant in O.S. No. 91 of 197