R. N. MISRA, C. J.

( 1 ) THIS appeal under Order 43. Rule 1 (r) of the; Civil P. C. is directed against the order, of the learned Subordinate Judge of Berhampur rejecting 9 prayer for injunction against the respondents from proceeding with execution of the decree obtain ed in Title Suit No. 33 of 1978, in E. P. No. 43 of 1981.

( 2 ) THE appellant as Plaintiff has, filed Title Suit No. 102 of 1982 on the allegation that he purchased the disputed property by a registered sale deed dated 30-12-1980 for a consideration of Rupees 10,000/- from Hari Das and was put into possession. Rs. 3,700/- out of the consideration money was paid before the Sub-Registrar and that fact has been duly endorsed on the title deed. Balance of Rs. 6,300/- was paid to one Narasimha Mohapatra under instructions of Hari Das to be adjusted towards litigation expenses and other charges incurred by Narasimha on behalf of Hari Das. Hari Das, the admitted owner, being a leper was under the care of his maternal uncle Gobinda Mohapatra, the third defendant. When the attack of leprosy became virulent, the maternal uncle forcibly drove Hari Das out of the house. The third defendant taking advantage of the situation se