1. This is an appeal filed by the deceased plaintiff (P. W. 1) in Civil Suit No. 52 of 1952 on the file of the Sub-Court, Tripura, against the judgment and decree dismissing with costs the suit, filed by him, for declaration, that a Certificate No. 117 of 1336 T. E. (Tripura Era) issued by the Certificate Officer in the name of Shri Amarendra Nath Basu (P. W. 2) and the sale held thereunder of the deceased plaintiff's plaint schedule lands, covered by Taluk No. 17 in Kailashahar Sub-Division, Kamalpur 'Pargana'. Surma Mouza in Tripura State were illegal, ultra vires, null and void, for setting aside the same, for recovery of possession of the suit lands and for mesne profits.

2. The deceased plaintiff alleged in the plaint that he was a Zamindar and that there were several tea gardens in his name and in the name of others in the District of Darjeeling and Duars and other places in West Bengal. He became intimate with P. W. 2 (one Shri Amarendra Nath Basu) an Advocate of the High Court in Calcutta, who was the standing counsel of P. W. 1's father. P. W. 1 was desirous of acquiring land in Tripura State to grow a tea garden. He applied in the name of P. W. 2 (Shri Amarendra Nath Basu