Wadsworth, J.

1. These appeals arise out of proceedings brought for possession of land by a purchaser in a rent sale under the Estates Land Act from a purchaser in a sale under a mortgage decree. The preliminary decree on the mortgage in favour of the appellant was dated 24th February, 1927. The revenue sale in favour of the respondent was on 5th September, 1927. The final decree in the mortgage suit was on 3rd December, 1927. The decree-holder purchaser got possession on 31st March, 1931. Hence the proceedings by the plaintiff to enforce his rights under the rent sale and to get possession from the mortgagee decree-holder court-auction purchaser who is the appellant, here.

2. Now the argument for the appellant is that the sale by the Collector for arrears of rent due to the landholder is affected by lis pendensunder Section 52 of the Transfer of Property Act and that no title can pass to the purchaser in the rent sale which was effected without the consent of the Court which passed the mortgage decree. This contention overlooks the fact that the sale by the Collector was in fact a sale held to enforce the paramount right of the landholder to his rent, which under Section 5 o