SARWAN SINGH Vs. DISTRICT JUDGE

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) One Bhajori mortgaged his agricultural land on 6.7.1967 in favour of Respondent Nos. 3 and 4 in this writ petition i.e. Nawab Singh and Mahendra Singh. Subsequently, Bhajori transferred the mortgaged property (mortgagor's right) in favour of Petitioner on 10.7.1967. As mortgage money was not paid hence Respondent Nos. 3 and 4 filed Original suit No. 115 of 1970 for recovery of money. The suit was decreed on 28.1.1971. Thereafter, execution application was filed which was registered as execution case No. 35 of 1971. In the said execution mortgaged property was sold on 8.5.1972 and Respondent No. 3 himself purchased the property as he was the highest bidder.

(3.) At this juncture it may be mentioned that under Order 21 Rule 72 Code of Civil Procedure decree holder was not permitted to bid for or purchase the property in execution. However, through Allahabad amendment of 24.7.1926 the prohibition was deleted. Thereafter Code of Civil Procedure was amended in 1976. The Supreme Court held that the amendment made by the Allahabad High Court being repugnant to the main Code of Civil Procedure was no more enforceable. However, in the instant case property had been purchased in 1972 by one of the decree holders and at that time there was no prohibition.