ORDER :- This is a Civil Revision Petition which is sought to be filed against the order made by the learned District Munsif, Erode, in O.S. No. 152 of 1954.

2. This was a suit filed by Arunachala Goundan for a declaration of his sole title to items 1 to 3, 5 to 9, 11 and 12 of the plaint properties and title in a half share in items 4 and 10 and for possession and mesne profits.

3. The plaint allegations are : One S.A. Krishnaswami Goundan and the 2nd defendant are the sons of the plaintiff. They constituted a joint Hindu family, of which the plaintiff was the manager. One Subbaraya Goundan filed I.P. 146 of 1929 to declare him as an insolvent. The plaintiff herein was one of the creditors in that I.P. The properties of the insolvent were sold in auction by the Official Receiver, Coimbator, on 16-8-1953.

In that; sale deft. 2, son of the plaintiff, for his father was the highest bidder and the sale was concluded in his favour and sale certificate was also issued in his name. Prom the date of sale the plaintiff was enjoying the properties by leasing them out, collecting rents etc. The 2nd defendant on account of misunderstandings between himself and plaintiff executed a ficti