The plaintiff is the appellant. He owned a house which had been usufructuarily mortgaged to the second defendant for a sum of Rs. 170. A suit for the recovery of a money debt was filed by the first defendant against the plaintiff in the Panchayat Court of Cumbum and a decree was obtained. The decree was transferred for execution to the District Munsiff’s Court of Markapur as the house belonging to the judgment-debtor was situated within the territorial jurisdiction of that Court. In the execution sale held on the 16th October, 1942, in E.P. No. 28 of 1942 the mortgagee second defendant purchased the house subject to his own mortgage for a sum of Rs. 155. The plaintiff thereupon brought the suit out of which this appeal arises to set aside that Court sale on the ground that the decree was obtained by fraud and that there was also fraud in connection with the sale proceedings. The fraud that was alleged in connection with the decree was that although she had permanently left Cumbum and was residing in Markapur, the suit was filed in the Panchayat Court at Cumbum which had no jurisdiction to entertain the suit against her. With regard to the sale, the fraud that was alleged