ANNU ALIAS KALLAPPA Vs. SHESHU GUNDAPPA

JUDGEMENT

(1.) This second appeal is against a concurrent decision of both the courts below.

(2.) The salient facts necessary for the disposal of the second appeal are as follows: A money decree in O.S. No. 326 of 1936 on the file of the trial court against the appellant's father was assigned to the respondent who put it into execution. During that period Ss. 68 to 72 of the C.P.C. had not been repealed. Hence the actual conduct of the sale was made over to the Collector by the Civil Court. The Collector sold two strips of land measuring 1 acre 20 guntas and fifteen guntas respectively on 6-6-1944. They were purchased by the respondent for Rs. 1,290 and the sale was confirmed on 22-11-1944. The respondent took possession on 8-10-1946,

(3.) Subsequent thereto the appellant is said to have preferred an appeal to the State Government of Bombay against an appellate order of the Divisional Commissioner dismissing his appeal. The State Government set aside the order of sale and directed the appellant to approach the Collector for appropriate consequential reliefs.