JUDGMENT

Alston, J. - The plaintiff in this suit is said to have acquired certain property from one Daulat Ram, who in his turn is said to have bought the property at an auction sale in execution of a decree. The defendants are said to have acquired the property by purchase from the original mortgagor at a time subsequent to the auction sale. The plaintiff in his plaint alleged that the defendants had succeeded in getting their names entered in the Revenue papers as being in possession of the property, but that in fact they were not in possession as possession was with the plaintiff. The suit was accordingly brought by the plaintiff for a declaration that he was the owner of the property. He sued for this declaration upon the ground that he was in possession. Having some thought, however, in his mind that his alleged possession might be found to be a fiction, he went on to say in his plaint that if it be proved that the defendants hold possession, it may also be delivered." On hip, plaint he paid only Rs. 10 by way of Court-fees. The first Court gave the plaintiff a declaratory decree, holding that he was in possession of the property. The lower appellate Court, however, held differ