Mishra, J.

The plaintiff/respondent G.R.Ramasethu filed a suit in O.S.No.342 of 1971 in the Court of Subordinate Judge of Madurai and obtained a money decree. The said decree was put in execution in E.P.No.164 of 1973 and a house property belonging to the defendant-judgment-debtor V.S.Nammalvar was auction sold and purchased by the decree-holder himself. It appears however that this house property was sold by V.S.Nammalvar to the appellant on 2. 1972. It also appears that the auction sale of the property concerned had preceded attachment before judgment in I.A.No.555 of 1971 in O.S.No.342 of 1971 order dated 8. 1971 and the decree in the suit was on 30.11.1972 followed by E.P.No.164 of 1973 for sale of attached property in the year 1973. According to the appellant, he had in fact negotiated for the purchase and paid a part of the consideration money i.e., a sum of Rs.10,000 by means of a cheque to V.S.Nammalvar on 28. 1971, in pursuance of a sale agreement reached between them, followed by the sale deeds execution and registration on 2. 1972 for Rs.49,000 and delivery of possession after some delay in February, 1972 from which date onwards the appellant has been in posse