KHARAITI LAL Vs. RAMINDER KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, who was the owner of a plot of land measuring one and a half kanal, situated in Industrial Area, Chandigarh, had mortgaged the said land with one Col. Joginder Singh for a sum of Rs. 20,000/- after raising certain constructions thereon.

(3.) Col. Joginder Singh subsequently filed a suit for foreclosure in order to recover the mortgage money by sale of Industrial Plot No. 255-P and the building constructed thereon. A preliminary decree was passed in that suit on January 23, 1976, directing the appellant to deposit a sum of Rs. 28,187.50 along with future interest at the rate of 9 per cent per annum on or before March 23, 1976. The amount was not deposited and, therefore, Col. Joginder Singh filed an application for final decree which was passed by the Subordinate Court, Chandigarh, on April 8, 1976. The decree was put to execution and in execution proceedings, the property was auctioned on August 25, 1976. Nazar Singh, who is now represented by the present respondents, purchased the property at the auction for a sum of Rs. 45,000/-. The auction-sale was challenged by the appellant by filing an application under Order 21, Rule 90, C.P.C. on August 28, 1976. The objections were rejected on November 28, 1977 and on the next day, namely, on November 29, 1977, the Court confirmed the auction-sale.