This second appeal raises an interesting question in the application of section 28 of the Presidency Small Cause Courts Act, 1882. Defendants 3 to 5 are appellants in the second appeal. The suit property is the superstructure of premises in Jagannathapuram, Second Street, Chetput, Madras. Defendants 2 and 3 in the suit instituted S.C. No. 1560 of 1940 on. the file of the Court of Small Causes, Madras, for the ground rent due by one Ponnuswami, the then owner of the superstructure, and, in pursuance of the decree passed by the Court of Small Causes on 28th April, 1940, they attached the superstructure and put it up for sale under section 28 of the Act. The superstructure was purchased by one Jayaram Naidu and a sale certificate Exhibit B-11, dated 14th November, 1942 was issued in his favour. Subsequently in May, 1945 Jayaram Naidu sold the superstructure to the present 1st defendant P. S. Sarma. The 1st defendant, for securing possession of the property instituted the suit O.S. No. 1994 of 1954 on the file of the City Civil Court, Madras, against Ponnuswami’s son Muniswami alleging that Muniswami was continuing in possession after the death of his father Ponnuswami. Munis