SMT. BASANTI Vs. RAM KRISHAN AND ORS.

JUDGEMENT

(1.) AT the time of hearing No. one appeared on behalf of Respondent hence only the arguments of Sri Santosh Kumar, learned Counsel for the Appellant were heard. This second appeal was admitted on 27.4.1979 on substantial question of law as stated in ground No. 1 which is quoted below:

(2.) THIS is Plaintiff's second appeal who instituted O.S. No. 35 of 1970 against three persons Nathu Singh, Tejpal (husband of the Plaintiff) and Pirthi. In execution of a decree obtained by Nathu Singh against Tej Pal, house in dispute belonging to Tej Pal was auctioned and purchased by Prithi, Respondent No. 3. Auction took place on 28.10.1969. First application under Order XXI Rule 90 Code of Civil Procedure was filed for setting aside the auction sale. The application was beyond time by one day and was rejected on the said ground and there after the sale was confirmed. Thereafter, the suit giving rise to the instant Second appeal was filed. The suit was dismissed on 15.1.1973 by IV Additional Munsif Meerut. Against the said judgment and decree civil appeal No. 134 of 1973 was filed which was dismissed on 13.3.1978 by I Additional Civil Judge Meerut hence this Second Appeal.

(3.) UNDER Section 54 of the Transfer of Property Act it is provided as under: