Chandrasekhar Ayyar, J.

1. The second defendant is the appellant in this case. The properties in the suit were sold by the first defendant to the plaintiff on the gth July, 1941. The plaintiff lost the sale deed on the 29th July, 1941, and filed the suit for specific performance on the 14th August, 1941, alleging the loss of the sale deed, and asking for the execution of a fresh sale deed and for possession of the properties. To this suit, he impleaded the second defendant who took a subsequent sale from the first defendant of the properies with knowledge of the plaintiffs sale. The sale deed -to the second defendant was executed on the 16th July, 1941, and registered on the 23rd July, 1941. Before the suit proceeded to trial however the plaintiff recovered his lost sale deed and got it registered on the 22nd September, 1941. Both the lower Courts have given a decree to the plaintiff for recovery of possession of the properties negativing the second defendants contention that he is entitled to priority because his sale deed was registered earlier than the plaintiffs sale deed. Section 50 of the Registration Act has no application to the facts before us because there is no co