1. This appeal raises an intresting question of law namely whether the person who has obtained property on the basis of a contract of sale can maintain a suit against an auction purchaser of the same property. The material facts briefly stated are as follows :

2. The suit property (i.e. survey Nos. 162 and 177) (half share) originally belonged to defendant No. 3 and two others. On 12-4-1949 defendant No. 3 and two others entered into an agreement for selling the said property to the plaintiff for a sum of Rs. 1,600/-. Part of the sale price i.e. Rs. 585/- was paid on the date of the agreement and the plaintiff was put in possession of the property. In the month of May, 1949, defendant No. 2 obtained a decree against defendant No. 3. In execution of the said decree, the land in suit was sold in auction and purchased by Deft. No. 1. Deft. No. 1 started proceedings for recovering possession of the property on the basis of the sale certificate. The Plaintiff obstructed the delivery of possession. Proceedings were started by the auction purchaser for removing the obstruction under R.99 of O.21 of the Code of Civil