BHANWAR LAL Vs. PREM LATA

JUDGEMENT

(1.) Heard learned counsel for both sides and special leave is granted.

(2.) This appeal by the auction-purchaser is against the judgment of the High Court of Rajasthan, Jaipur Bench, dated March 7, 1989 made in S.B. Civil (Misc.) Second Appeal No.2/76. The facts, though many, relevant to dispose of the appeal are stated as under:-

(3.) S/Shri Gokulchand and Rekhchand, Respondents Nos. 5 and 6 herein, defendants 2 and 3 in O. S. No. 37/ 59 on the file of the Court of Civil Judge, Jhalawar, obtained in another suit an ex parte money decree to recover Rs. 5,557. 10 against Bal Mukund and brought to sale the joint family house which is the disputed property in the present litigation. Mohanlal, his minor son and his widow filed objections under Order 21, Rule 58, C.P.C. which were rejected. The sale was confirmed on October 24, 1958, and sale certificate was issued on Nov. 28, 1958. The objectors filed O.S. No. 37/59 under Order 21, Rule 63, C.P.C. to set aside the sale.