BHAGWAT DAYAL Vs. DISTRICT JUDGE SHAHJAHANPUR

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the written arguments filed subsequently.

(2.) Respondent No. 3, Smt. Ram Beti is widow of Gur Din. Gur Din was real brother of petitioner and respondent No. 4, Smt. Gyan Devi, Respondent No. 3 after the death of her husband filed suit (O. S. No. 146 of 1982) for maintenance against her father-in-law, i. e. Gopi Nath, father of petitioner and respondent No. 4 as well as Gur Din, husband of respondent No. 3. The suit was decreed for payment of Rs. 200/- per month as maintenance. For execution of the decree Execution Case No. 5 of 1984 was instituted by respondent No. 3. Gopi Nath died during pendency of execution proceedings hence petitioner and respondent No. 4, being his son and daughter were impleaded therein.

(3.) Agricultural land in the form of grove comprised in Plot No. 157, area 0.344 hectare was sold through auction in execution on 22.1.1991 for Rs. 20,000/- and was purchased by respondent No. 3, decree-holder herself.