GAJADHAR PRASAD Vs. BABU BHAKIA RATAN

JUDGEMENT

(1.) THIS is a judgment debtors appeal by Certificate of fitness of the case for appeal to this Court granted by the High Court of Allahabad, arising out of an application filed under Order 21, Rule 90, Civil Procedure Code.

(2.) THE Respondent decree-holders had obtained a decree for about Rs. 76,000/- against the appellants in a mortgage suit. In execution of that decree sales of three items of property, shown as houses belonging to the judgment debtors took place on 5-5-1955 and 7-5-1955. THE items were described as follows in the sale proclamation : <FRM>JUDGEMENT_629_2_1973Html1.htm</FRM>

(3.) ON 5-5-1955, the Court Amin had himself put up house No, 5 situated in Colonelgunj, Allahabad separately for sale and sold it for Rs. 10,500/-. ON the same date, the Amin sold house No. 5-A in Colonelgunj for Rs. 8500/- and also house No. 5-B separately for Rs. 7,000/-. Thus, a total amount of Rs. 26,000/- was realised from the sale of the three houses in one compound at Colonelgunj described as one item of property in the sale proclamation. They had been valued at Rs. 10,000/- by the decree-holder and Rs. 60,000/- by the judgment-debtor. The court had valued the whole property at Rs. 10,350/-, and thus practically assented to the decree-holder's valuation and rejected the judgment-debtor's without assigning any reason beyond expressing the opinion that it was exaggerated. The property in Katra was sold for Rupees 3,750/- on 5-5-1955.