Leach, C.J.

1. In pursuance of an order passed by Gentle J. in a partition suit on the Original Side of this Court a public auction of the estate properties was held on 13th September 1937. One of the properties offered for sale was a house and its site known as Napiers Gardens. A reserve price of Rs. 1,10,000 was fixed and the members of the family were allowed to bid and set off the values of their respective shares. Appellant 1, who is a defendant in the suit and a member of the family, bid for this property, but when the reserve price was reached he refused to bid further. There were higher bids by others and the property was eventually knocked down to the respondent for Rs. 1,12,500. The condition of the sale required that the sale should be confirmed by the Court. The commissioners who conducted the sale reported the result to the Court and the sale came before Gentle J. for confirmation on 7th April 1938. Appellant 1 informed the Court that he would like to have the property for himself as it had been in his family for a long time. The learned Judge having inquired whether he was prepared to offer more, the matter stood adjourned until 11th April when the appellant in