BHAGWATI SARAN Vs. GARGI DIN

JUDGEMENT

(1.) This is the defendant's second appeal against the appellate decree of Mr. Mohammad Tufail Ahmad, Additional Civil Judge of Lucknow, dated 26th January 1944.

(2.) It would appear that the plaintiff respondent purchased from one Jagannath a certain house by a sale deed dated 9th March 1908. The eastern boundary, which is material for purposes of the appeal, was described as "deewar makan haza mulhiq ba bagh." The plaintiff gifted this house to his wife. The plaintiff and his wife both then mortgaged the house to Munnu Lal on 22nd October 1926 (EX. 3). The eastern boundary of the mortgaged house was now described as

(3.) The main defence of the auction-purchaser was that the sale certificate was his document of title and thereby he was told what was described within the boundaries, that both the houses were sold and that in fact they were only one house, that, in any case, a separate suit was not maintianable and the remedy of the plaintiff, if any, was in proceedings under Section 47, Civil P. C., and as they have not been taken he could not raise the present objection.