JUDGMENT :- This appeal arises out of proceedings initiated by the appellant for restitution by way of delivery of possession of a house in Madurai town purchased by the first respondent and subsequently transferred by him to the third respondent. The facts are these : The first respondent instituted in the Court of the Subordinate Judge of Madurai a suit O. S. No. 37 of 1951 for recovery of a sum of nearly Rs. 9060 as due to him in respect of two loans for Rs. 6000/- and Rs. 2000/-. A decree for that sum together with subsequent interest was passed on 18-11-1952. The debtor-appellant filed an appeal against the decree to this Court in A. S. No. 174 of 1953.

2. In the meantime the decree of the trial Court was put in execution. The appellant was trying his best to avoid the Court sale of his properties by making payment towards the decree. It is admitted that he had paid on various dates sums amounting to about Rs. 3500/-, but as the amount under the decree then outstanding was considerably more than the sums paid the first respondent pursued the execution petition and brought the debtors property to sale. At the court sale that took place on 21-6-1954, the decree-holder hi