SIKANDER KHAN Vs. RADHA KISHAN

JUDGEMENT

(1.) Anandi Lal, the predecessor-in-interest of respondent no. 1 is the decree-holder and respondent no. 2, Dilawar khan is the judgment debtor.

(2.) The predecessor-in-interest of the appellants herein purchased the land contained in survey plot nos. 1253 and 1183/1, situate at village Girwar, district shajapur in the state of Madhya pradesh. It appears that Anandi Lal obtained a money decree against Dilawar khan. The decree-holder put the decree in execution. The executing court sent a request to the collector, Shajapur to conduct the sale of the property belonging to the judgment-debtor under section 71 of the Madhya Bharat Land Revenue code (hereinafter referred to as the 'code'). It further appears that the collector, Shajapur on receipt of the request from the civil court, issued a sale proclamation for sale of agricultural plots- survey nos. 1253 and 1183/1, which was earlier purchased by the appellant from the judgment-debtor, dilawar Khan. However, the sale was knocked down on 24/05/1958 in favour of the decree-holder and the said auction sale was confirmed by the collector on 4/08/1958. When the predecessor-in-interest of the appellants came to know of the sale of their land, they filed an objection under order 21, rule 90 for setting aside the auction, inter alia, on the following ground:

(3.) There is a chequered history of litigation between the parties. Suffice it to say that lastly the executing court allowed the objection of the appellants and set aside the auction sale in favour of the decree- holder. The decree-holder preferred an appeal before the appellate court, which was dismissed. Thereafter, the decree- holder preferred a revision petition before the High Court and the High Court by the judgment under challenge set aside the order of the appellate court and consequently, the objection filed by the appellants stood rejected. It is against the said judgment, the appellants have preferred this appeal.