UNION OF INDIA Vs. JAI DAYAL

JUDGEMENT

(1.) This regular second appeal is by the defendants of the suit instituted by the respondents.

(2.) The respondents came to court with the allegation that an auction had been held in respect of the house bearing Municipal No. 200, situated in village Dhakka. near Radio Colony in Delhi, The hammer knocked down at the highest bid in favour of the plaintiffs of the suit. They were to pay Rs. 3,075.00.

(3.) According to the allegations in paragraph 2 of the plaint a sum of Rs. 307-50 was paid in cash at the spot and towards the remaining amount of Rs. 2767.50 a sum of Rs. 1,233.00 was adjusted out of the verified claim of Shri Jai Dayal. plaintiff No. 1. The balance amount of Rs. 1534-50 was to be realised out of the adjustment to be made out of a verified claim belonging to one Ushnak Rai who had been associated for the purpose. It was stated in paragraph 2 of the plaint that the requisite affidavit of Ushnak Rai was filed with the Regional Settlement Commissioner on the 1st of November, 1956. The plaintiffs pleaded that they were entitled to have the sale deed executed and registered in their favour which the defendants were not doing. In paragraph 4 the allegation was :-