Subba Rao, J.-This is an appeal against the decree and judgment of the Court of the District Judge of North Arcot in O.S. No 7 of 1945, a suit for specific performance of a contract of sale. The facts are rather complicated, but it is necessary to give a resume for a correct appreciation of the contentions of the parties. One B.S. Muniswamiappa filed O.S. No. 125 of 1920 on the file of the District Court of C. and M. Station, Bangalore, to enforce his money claims against one China Muniswami Goundar and obtained a decree therein. The suit properties were brought to sale in execution of the decree and the decree-holder himself purchased the properties and took possession on 5th May, 1924. Manicka Goundar the son of China Muniswami Goundar preferred a claim in regard to his share in the suit properties. As the claim was allowed, Muniswamiappa filed O.S. No. 12 of 1924 on the file of the Court of the Subordinate Judge of Vellore for a declaration that he was entitled to attach and bring the plaint properties to-sale in execution of his decree. To that suit Manicka Goundar and China Muniswami Goundar were made parties. The suit was decreed. Meanwhile one A.P. Varadaraja Mudaliar obtain

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