Varadachariar, J.

1. I his appeal arises out of a suit instituted by the appellant, under Order 21, Rule 63, Civil Procedure Code, to establish his right to attach and bring the suit properties to sale in execution of a decree for money which he had obtained in 1917 against one Syed Abdul Razak Sahib (since deceased). When, the suit properties were attached in execution of that decree in November, 1929, the respondent preferred a claim, which was allowed on the ground that he had been in possession of these properties in his own tight since 1911; the executing Court declined to go into the question of title. In this suit which was instituted in consequence of that order, the lower appellate Court has also found that though the properties in dispute belonged at one time to Syed Abdul Razak Saheb, he had agreed to sell them to the respondent, received the consideration and put him in possession in 1911 and that the respondent has ever since continued in possession. On this finding it would have followed that though title under the sale did not pass to the respondent, because of the absence of a registered sale deed, he had acquired a title by adverse possession many years befo