JUDGMENT

T. S. Misra, J. - This is a plaintiff's appeal arising out of a suit for declaration to the effect that the property involved was not liable to be sold in execution of the decree passed in suit No. 387 of 1962 and that the plaintiff is the owner of that property. The case of the plaintiff may briefly be stated as follows :-

On 24 August 1963 the defendant No. 2, who was the erstwhile owner of the property in question, sold it to the plaintiff for a sum of Rs. 2,000/- and put him in possession thereof. The defendant No. 1 had instituted a suit No. 387 of 1962 against the defendant No. 2. That suit was decreed on 6th February, 1963. It was alleged by the plaintiff appellant that the defendant No. 2 satisfied that decree in its entirety in the month of June, 1963. It was also alleged that at the time of the execution of the sale deed the defendant No. 2 had assured the plaintiff that only a sum of Rs. 733.40 which was due towards a decree passed in another suit No. 28 of 1962 was outstanding against him and that the property in dispute had not been put under attachment before judgment. The plaintiff, however, further alleged that the attachment before judgment which was said t