Deo—This appeal and Letters Patent Appeal No. 6 of 1946 were placed before this Full Bench for disposal because of a conflict between a Division Bench decision in 'ZALLIRAM v. MANGALSINGH,1939 NLJ 477' and the decision of Subhedar A.J.C. in 'MANRAKHANLAL v. PERMANAND,1935 AIR(Nag) 185. This judgment will dispose of both the appeals. The facts are: In execution of the final decree for sale obtained on 9th July 1932, on a mortgage executed by defendant No. 2 of his 0-1-4 share in mouza Chuchrel in Harsud tahsil, the plaintiff mortgagee purchased that share on 24th April 1939. This sale was confirmed on 7th June 1939 and the possession was delivered on 18th June 1939.

2. The defendant No. 3, lambardar, paid the land revenue due on the 0-2-8 share held by defendant No. 2 and on 13th February 1937 made an application under section 157 of the Central Provinces Land Revenue Act for recovery of Rs. 290-8-4 inclusive of costs. In these proceedings, the 0-2-8 share was sold on 21st November 1938 and was purchased by defendant No. 1. The sale was confirmed on 9th January 1939. According to the plaintiff, defendant No. 1 obtained possession of only 0-1-4 share on 12th July 1939 while ac