DAMU Vs. BASAVARAJ APPAYYA HIREMATH

JUDGEMENT

(1.) This is a revision by the Decree- Holder against the order dated 4-3-85 passed by the District Judge, Bijapur, in M. A. 1/84 reversing the order dated 23-1-84 patsed by the Civil Judge, Jamkhandi, in Misc. case No. 10/83 dismissing the Judgment Debtor's petition filed under Or. 21, R. 90 C.P.C.

(2.) The Decree-Holder who is the revision petitioner in this case, filed a suit in S.C. 7/79 against the judgement- debtor (JDr) to recover Rs. 2613/- and odd. The said suit was decreed He sued out the execution in Ex. 6/81. He got attached 1/5 share of the JDr in the house bearing No. CTS 1392 of Jamkhandi. JDr. has raised a contention that he is an agriculturist and his share in the house was not liable to be attached and sold. They were negatived. JDr's revision was also dismissed. This court while disposing of the said revision; gave 8 weeks' time to deposit the money. He did not deposit the money. Thereafter sale notice was issued to the JDr. Finally sale took place on 26 3-83 and the Decree-Holder himself with the permission of the court bid the property himself for Rs. 27,000/-. The said sale was confirmes on 31-1-1984.

(3.) The JDr filed Misc. case 10/83 under Or. 21, R. 90 C.P.C. on 234-83 for setting aside the sale on the ground that he was an agriculturist and that this was the only house in which he was residing and storing his agricultural implements and thus it was not liable to be attached and sold. He also contended that there were material irregularities in the conduct of sale.