VIJAYAKUMAR JALAN Vs. SYNDICATE BANK MANGALORE

JUDGEMENT

(1.) THE petitioner is the auction purchaser. The first respondent is the decree-holder. The second respondent is the judgment-debtor.

(2.) THE petitioner-auction purchaser has filed this revision petition aggrieved by the order dated 30-11-1995 passed by the Court of principal Munsiff, Mangalore, in Misc. No. 89 of 1989 in Execution Case No. 98 of 1988.

(3.) THE facts very briefly are: The second respondent had borrowed some money from the bank and she was unable to repay the same. The first respondent-Bank filed a suit and obtained a decree in S. C. No. 122 of 1981. The bank filed an Execution Petition No. 98 of 1988 and brought for sale the property alleged to have been held by the second respondent. Auction was held on 28-11-1989. The petitioner made his bid at the said auction. He was declared as the successful bidder. On the same day, the petitioner paid a sum of Rs. 7,650/- being one-fourth of the sale amount. On enquiry, the auction purchaser found that on the date of sale, the second respondent had no subsisting right, title or interest in the property and the first respondent could not have brought for sale the said property. Therefore, he filed an application under Order 21, Rule 91 of the CPC for refund of the said sale amount.