In execution of the decree in O. S. No. 154 of 1931, against one Ramabrahmam, the appellant, who was the decree-holder, brought certain items of properties to sale, and in Court auction,.they were purchased by the respondent. The sale certificate shows that two items were sold in two separate lots, the first lot having been knocked down for Rs. 625 and the second lot for Rs. 1,340, the entire purchase money being Rs. 1,965. Subsequently, one Veerabrahmacharlu filed O. S. No. 156 of 1935 on the ground that this Ramabrahmam had no title to some of the properties sold. To that suit, the present respondent, who was the purchaser, was a party. The decision therein was that in the first lot, the judgment debtor Ramabrahmam, had not title and, therefore, the properties were delivered over from the possession of the respondent to the plaintiff therein. Thereafter, the present respondent-plaintiff, filed the suit out of which this second appeal arises, for the refund of the purchase money of lot No. 1 with interest thereon from the date when he paid the money, as well as the costs incurred by him in defending O.S. No. 156 of 1935.

The learned District Munsiff found that the plainti