JUDGMENT :- This is a 2nd appeal by Smt. Sunder Bai, defendant No. 3 (since deceased), from a decree of possession over a house with damages at Rs.15/- per month from 15th Feb. 1963 onwards till the date of possession. The defendants were three in number. The decree for possession was passed against all of them, but the decree for damages has been passed only against the defendants Nos 1 and 2. The plaintiff claimed to have purchased the house from the defendant No. 2 under a sale deed dated 15th Feb., 1963. The Trial Court had decreed the suit for refund of the sale consideration of Rs. 8,500/- against defendant 2 alone on the finding that the sale deed was invalid. Defendant 2 did not appeal from the trial courts decree, but the plaintiff appealed and contended that sale deed was valid, and that he was entitled to the decree for possession and mesne profits as claimed by him instead of the relief for refund of Rs. 8,500/which had been claimed by him only in the alternative, on the allegation that if, for any reason, the court took the view that there was some defect in the right of defendant 2 to sell the house, then in that case he was entitled to a refund of the sale considerat

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