Alfred Henry Lionel Leach, C.J.

1. These appeals have been filed under Clause 15 of the Letters Patent from a judgment of Chandrasekhara Aiyar, J. They raise an interesting question of law, but in order to appreciate it, we must set out the facts.

2. In O.S. No. 109 of 1921, the fourth defendant obtained a money decree against defendants 1 to 3. In execution of this decree, the fourth defendant attached, as the property of the judgment-debtors, 4.0a. acres of agricultural land, and on the 14th July, 1930, the property was sold by the Court. The plaintiff bought it for the sum of Rs. 2,03,0, which was paid into Court. Defendants 5 to 9 had each obtained a money decree against defendants 1 to 3 and they applied for rateable distribution of the Rs. 2,030. In the month of September, 1931, the money was paid out rateably to them and the fourth defendant.

3. On the 13th August, 1930, the plaintiff had filed an application in the Court which had executed the decree for an order setting aside the sale on the ground that the judgment-debtors had title only to 1.02 acres. This application was dismissed by an order dated 7th July, 1931, and the sale was confirmed by art order dated 17th