JUDGMENT :

Mohapatra, J. - The Defendants are the Appellants in this second appeal against the reversing judgment of Sri K.N. Sarkar, Additional Subordinate Judge of Cuttack, dated 15th July 1958, arising out of a suit for declaration of title and for possession. The Plaintiff also prayed for mesne profits, past and future. The Plaintiff obtained a decree for money against the present Defendants who not having paid the decretal amount, execution was started and in execution of the decree for money, according to the Plaintiff's version the suit property was purchased on 17th August 1938 by the Plaintiff. The Plaintiff took possession through Court on 23rd June, 1941.

2. The defence is that the purchase made by the Plaintiff in execution of the money decree was only the right, title and interest of the judgment-debtors and what was sold in execution of the decree did not exist as the Defendants had ceased to have any interest whatsoever in respect of the property put up for sale and purchased by the Plaintiff.

3. The trial Court in the first instance found that on the date of the sale the Defendants bad no interest whatsoever in respect of the property purchased, and as such, he dismiss