Kinkhede, A J C—One Kanhaiyalal son of Bamprasad of Gadarwada obtained a, preliminary decree for foreclosure on 10th September 1910, against Gaurishankar in Suit No. 66 of 1908 brought on foot of a. mortgage. The said defendant failed to redeem the mortgaged property, namely fields of absolute occupancy tenure bearing Nos. 415 and 416, area 16.29, rend Rs. 40 and 3 houses including a plot situate in Gadarwada, and the preliminary decree was consequently made final OR 6th December 1911 (Ex. P-10). The decree was later on executed and possession of the fields foreclosed was taken on 12th April 1912, and that of the house property in June and December 1912, as per receipts Exs. P-7, P. 8 and P. 9. The actual possession, however, remained with the judgment-debtor, and Kanhaiyalal looked upon him as being wrongfully in possession, as recited in the receipt dated 27th November 1916 (Ex. P-1) which he executed in favour of the present plaintiff. This receipt evidenced a contract for a sale of the self-same property to plaintiff, for a consideration of Rs. 1,001 by Kanhaiyalal, who was being, wrongfully kept out of possession by the person whom he had foreclosed. Kanhaiyalal had re