Spencer, J.

1. O.S. No. 320 of 1918 was a suit brought by the 1st respondent upon a mortgage. The suit was decreed and the plaintiff purchased some of the suit property in Court auction. The 2nd defendant in the suit thereupon filed an application to set aside delivery of the items purchased on the ground that he had a paramount title which prevailed over the title of the mortgagor in consequence of more than 16 years possession after the property had been surrendered to him by the owner. The District Munsif found in favour of the petitioner and directed release of the property. On appeal to the Subordinate Judge by the decree-holder purchaser, the District Munsifs order was set aside and the petition was dismissed. It is now contended that no appeal lay to the Subordinate Judge on the ground that the appellant, though made a party to the suit, Was exonerated as he set up a title paramount to that of the mortgagor, and consequently the decree-holders remedy, if any, against the District Munsifs judgment was to bring a suit to set aside the order. The Subordinate Judge held that he could dispose of the appeal against the order under Section 47 as the claim petition was prefer