RAKSHA PAL SINGH Vs. POKHI SINGH

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) Respondent No. 1 Pokhi Singh took some loan from State Bank of India ADB, Branch Etah, for purchasing a tractor. He could not repay the loan hence first his tractor was sold on 19.7.1985. However, the entire dues could not be satisfied hence agricultural land of respondent No. 1 consisting of his half share in Khatauni No. 507 (plot Nos. 200 and 2072) situate in Village Nagla Jalal, Tehsil Sikandra Rau, District Aligarh, now district Hathras was auctioned for Rs. 1,24,000/- in realisation of balance dues on 20.3.1987. Respondent Nos. 2 and 3 Habib Ahmad and Shamshad Ali were the auction purchasers (thereafter petitioners purchased the property from the auction purchasers). One fourth amount was deposited on the date of auction i.e. 20.3.1987. The balance 3/4 amount was required to be deposited within 15 days in accordance with Rule 285-E of U.P.Z.A.L.R. Rules. The auction purchasers respondent Nos. 2 and 3 gave a cheque dated 4.4.1987 for payment of the 3/4 balance amount. However, afterwards the cheque was taken back and the amount was deposited in cash on 18.4.1987.

(3.) Thereafter, names of auction purchasers and thereafter of the petitioners were mutated in the revenue record inspite of objection of the respondent No. 1.