MOHIDEEN BI Vs. KHATOON BI

JUDGEMENT

(1.) THIS appeal arises out of an auction of the property, the subject matter of this appeal held on 12-9-1965. The suit was filed by respondents 1 to 4 for the administration of the estate of one Abdul Hameed, who died on 1-7-1963. Pending the suit the plaintiffs and the mortgages of some of the properties belonging to the estate of Abdul Hameed applied to this court for the sale of the Maharaja Talkies, which is the Property involved in the present appeal. This was ordered on 26-41965 and Murray and Co. , Madras, the auctioneers were appointed Commissioners for the purpose. This auction was subject to confirmation by court. Pursuant to the order of the court the auction was hold on 12-9-1965, and the property was sold to the 9th respondent for seven lakhs of rupees, he being the highest bidder. It may be mentioned here that pursuant to the terms of sale, the 9th respondent deposited Rs. 5000 in cash and passed a cheque for Rs. 1,70,000.

(2.) IT is convenient to extract here the condition relating to the deposit by the highest bidder:

(3.) BEFORE this bid was accepted by the court, the application giving rise to this appeal, was filed by defendants 3, 4 and 5 who have 9/24 share in the estate alleging inter alia that the acceptance of cheque as deposit was contrary to the conditions of sale and that this facility was not made available to the other prospective bidders.