HARNARAIN SAHU Vs. BECHU LAL

JUDGEMENT

(1.) BECHULAL obtainted a compromise decree against Nanhu Kumar for recovery of Rs.5,802/- on December 21, 1950. BECHULAL, the decree-holder, put the decree in execution. The western portion of bouse No. D-47/176 was attached and put up for auction. At the auction, it was purchased by the appellant Har Narain Sahu for Rs. 4, 800/-. The sale was confirmed on July 18, 1954. On September 6, 1954, the auction-purchaser obtained possession.

(2.) ON March 17, 1954, one Narain Das and Smt. Boda filed suit No. 160 of 1954 against Nanhu Kumar, Bechulal as well as the auction-purchaser Har Narain for the declaration that the plaintiffs were the owners of the property and the sale in execution of the decree in favour of Bechulal was illegal and ineffective. The suit was decreed on 23-5-1959. It was declared that the attachment and sale of the property in suit in execution of the decree of suit No. 119 of 1950 was Illegal and ineffective as against the rights of the plaintiffs.

(3.) AGGRIEVED, the auction-purchaser Har Narain has filed the present two second appeals.