Pandrang Row, J.

1. This is an appeal from the decree of the District Judge, Bellary, dated 18th September 1933, confirming on appeal the decree of the Principal District Munsif of Bellary, dated 24th September 1931 in O.S. No. 513 of 1930. The suit was one for a declaration of the plaintiffs title to the plaint property. The plaintiffs case was that the sales of the plaint properties purported to have been held by the Revenue Officers for arrears of revenue in 1927 and 1928 were wholly void. The plaintiff is said to have been in jail at the time when the alleged sales took place and he was not personally aware of the circumstances attending the sales. It was expressly alleged in the plaint that even the procedure prescribed by the Boards standing order 45 was not followed and that there was no confirmation of the sale nor any certificate of sale issued as required by the Revenue Recovery Act under which the sales are said to have been conducted. The defendants were the subsequent purchasers from the Government, namely defendants 1 and 2, and the Secretary of State for India in Council, defendant 3. It was contended by defendant 3 that the plaintiffs statement that ho was un