1. This miscellaneous appeal is directed against the appellate order dated 9th December 1954 of the Subordinate Judge, Gudivada, in A.S. No.20/54 by which he reversed the order of the District Munsif, Gudivada setting aside the sale of the plaint B scheduled property in execution of the decree passed in O.S. No.234 of 1947.

2. The respondent was the plaintiff in O.S. No.234 of 1947 the object of which was to secure possession of the demised land as detailed in A schedule and recover Kattubadi amounting to 36 bags of paddy of the value of Rs.381-14-9 for the Fasli 1356. There was a prayer also for future profits at the same rate till delivery of possession. These reliefs were sought against Chaprala Sobhanadri who was the first defendant in the suit of whom no more notice is required to be taken since he is not a party to this appeal. The appellant who was the 2nd defendant in the suit, had to answer to the