NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This civil appeal is filed by the appellants, aggrieved by the judgment and order dated 12 th March, 2008 passed in Letters Patent Appeal No.79 of 1994 by the High Court of Patna.

(2.) Necessary facts in brief are as under:-

(3.) One Sadhusharan Yadav, Respondent No.14 herein, took a loan from the Land Development Bank, Uda Kishunganj (Madhipura) during the year 1971, by mortgaging his agricultural land. Sadhusharan Yadav defaulted in payment of loan and, thus, a certificate case No.338 of 1981-82 was initiated for realization of said loan amount. It appears that even before initiation of certificate proceedings, the mortgaged land was sold by the Respondent No.14 to the objectors- writ petitioners by executing registered sale deeds. In realization of the loan amount, the mortgaged land, i.e.the land in question, was sold by way of auction.