RAO MAHMOOD AHMAD KHAN Vs. RANBIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The short question that arises for our consideration in this appeal is whether the payment of one fourth of the amount of auction-sale by cheque is a valid tender within the meaning of Rule 285-D of U. P. Zamindari Abolition and Land Reforms Rules, 1952.

(3.) The facts in brief leading to the filing of this appeal may be stated thus: The deceased respondent No. 1 Rao Mahmood Ahmad Khan being the defaulter of Government dues to the extent of Rs. 23026.37 paise was proceeded against for recovery of the said amount as arrears of land revenue and in pursuance of recovery proceedings the Collector, Saharanpur on 15-11-1986 attached his agricultural land bearing khasra No. 182, Mohalla Ismail Khan, Khewat No. 1/2 situated in Village Palhanpur, Tehsil and District Saharanpur. The said land was put to auction sale on 18-10-1973. Raghubir Singh, the respondent No. 1 herein was one of the bidders and his bid being highest for Rs. 31500/- .It was knocked down in his favour. The Sale Officer taking the bid made by respondent No. 1 to be adequate and reasonable accepted the same and directed the respondent No. 1 to deposit 25 per cent of the bid amount at once and the balance of the sale amount within 15 days by his order dated 10-10-1972. The respondent No. 1, auction purchaser deposited a sum of Rs. 9000/- by means of a cheque dated 10-10-1972 which was encashed and accounted for in Tehsil account on 22-10-1970 and the balance of the bid amount Rs. 23500/- was deposited in cash on 30-10-1973 well within the time stipulated by Rule 200-E of the said rules. The deceased Rao Mahmood Ahmad Khan filed an objection on 17-11-1973 for setting aside the auction sale, inter-alia on the grounds that 1/4th of the bid amount was not deposited as required by law and that the auction was fictitious and collusive, for the reason that the very same property when put to auction earlier in 1969 the highest bid offer was Rs. 50,000/- but the same was rejected by the Sale Officer, Sharanpur on the ground that the bid money was inadequate as compared to the value of the property whereas the subsequent auction sale held on 18-10-1973 could fetch only Rs. 31500/- as the highest price which was accepted to be adequate price in collusion of the Tehsil authorities with the auction purchaser respondent No. 1 herein.