1. The applicant before us was the purchaser in Court auction of some immoveable properties sold in execution of a money decree. He purchased in one lot two items of properties. In the sale proclamation it was mentioned that there was already a partition in the family of the judgment-debtor. In execution of the sale certificate the auction-purchaser was put into possession of both the items of properties included in the lot. Subsequently at the instance of the other defendants in the case, who were exonerated from liability under the decree one of the items was found not to be the property of the judgment-debtor but to be the property of the other defendants. The Court accordingly directed that the auction-purchaser should deliver back to defendants 3 and 4 that item of property which was found to be their property. The auction purchaser filed, under Order 21, Rule 93, Civil Procedure Code, an application in the District Munsifs Court praying that he may be allowed a proportionate refund of the price paid by him. Both the Lower Courts have dismissed his application, and he has preferred the present petition.

2. The present is a case where the auction-purchaser purchased cert