Shahabuddin, J.

1. This is a civil miscellaneous appeal against the order of the learned District Judge of West Tanjore dismissing a petition filed by the appellant for directing the delivery of possession of certain properties after removal of obstruction. The appellant purchased these properties at a Court sale held on 10th September, 1935, in execution of a decree dated 27th February, 1926. That decree directed the payment of certain amounts by way of restitution and created a charge in that respect on the properties in question. The Official Receiver of West Tanjore representing the estate of the decree-holder brought these properties to sale. The appellant who purchased them is a stranger Court auction-purchaser. In the meantime the judgment-debtor sold these very properties on 12th March, 1928, to one Subramania Chettiar and from him the respondent purchased them on 23rd April, 1931. When the appellant auction-purchaser went to take delivery of the properties, the respondent resisted. Thereupon the petition under appeal was filed under Order 21, Rule 97 of the Code of Civil Procedure. The learned District Judge dismissed it holding that the obstruction was in good fait