Alfred Henry Lionel Leach, C.J.

1. The appellant is the Official Receiver of East Godavari and he has filed this appeal as the representative of the estate of one Adusumilli Venkatasubbarayudu, who was adjudicated an insolvent during the pendency of the suit out of which this appeal arises. The insolvent was the plaintiff in the suit. On the 29th November, 1911, the second respondent and his sons mortgaged certain land belonging to them and in 1922 the mortgagees filed a suit in the Court of the District Judge of Rajahmundry to enforce the mortgage. They obtained a decree which they assigned to the plaintiff, who caused the land to be put up for sale in execution proceedings. The plaintiff bought the land at the Court auction and in due course obtained a sale certificate. When he went to take possession of the property he was obstructed by the first respondent, who claimed it as his ancestral property. Thereupon the plaintiff applied to the Court for an order under Order 21, Rule 98 of the Code of Civil Procedure. His application was dismissed and consequently he filed in the Court of the District Munsif, Rajahmundry, a suit for a decree declaring his title to the property a