NARASIMHAM, J.

( 1 ) THIS second appeal is against the appellate judgment of the Subordinate judge of Cuttack-Balasore reversing the judgment of the Munsif of Balasore and dismissing the plaintiff's suit for recovery of possession of about 1. 27 1/3 acres of land in village Raghunathpur, in Bhadrak Sub-division of Balasore District.

( 2 ) ONE Sheikh Hadu was the original owner of about 2. 19 acres of raiyati laud in the village. On 18th October 1924, he executed a simple mortgage of the said property in favour of defendant 1. On 17th September 1936, defendant 1 instituted a mortgage suit (O. S. No. 418 of 1936) on the foot of the said mortgage impleading Sheik Halim the son of Sheik Hadu the having died in the meanwhile) and in due course obtained a final decree on 30th November 1939. The property was sold on 15th January 1943 and purchased by the mortgagee himself (defendant 1) who obtained delivery of possession through Court on 10th June 1943. He then sold the property to defendants 2 and 3 on 27th June 1943. Their claim to the property is thus based on the sale in execution of the mortgage decree in O. S. No. 418 of 1996, delivery of possession through Court and the subsequen