AJAB SINGH Vs. PANDIT BABURAM

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the judgment and decree dated 27.01.2012 passed by the Additional District Judge Khurja, District Bulandshahar in Civil Appeal No. 200 of 2009 arising out of Original Suit No. 194 of 1984, which was instituted for declaring the auction sale dated 18.5.2004 of Plot No.308 (hereinafter referred to as plot in dispute), area 2 Bighas, 16 Biswas, 7 Biswansis, situated in village Bhaiyyapur, Pargana Pahasu, District Bulandshahar, pursuant to the decree obtained by defendant No.1, as illegal.

(2.) The undisputed facts of the case are that the land in dispute was of defendant no.2. The defendant no.1 had instituted O.S. No.143 of 1978 against defendants 2 & 3 for recovery of money wherein, before judgment, the plot in dispute was attached, on 17.3.1978. This suit was decreed ex parte on 18.11.1978. Neither an appeal nor an application to set aside the ex parte decree was preferred by the judgment-debtors and, as such, the ex parte decree became final in between the parties. The decree was put to execution vide execution case no.60 of 1979. On 18.5.1984 the auction proceedings were conducted and the defendant no.1 was found to be the highest bidder. In the meantime, the plaintiff-appellants vide sale deed dated 10.6.1983 purchased the plot in dispute from the judgment-debtor of O.S. No.143 of 1978. On the strength of this sale deed, the plaintiff-appellants have instituted O.S. No.194 of 1984 for declaration that the auction sale of the land in suit was illegal.

(3.) O.S. No.194 of 1984 was instituted by the plaintiff-appellants averring that they were bona fide purchaser of the plot in dispute and that the defendant no.2 was a small farmer whereas the defendant no.1 (the plaintiff of O.S. No.143 of 1978) was a money lender, accordingly, the O.S. No.143 of 1978 was barred by the provisions of U.P. Regulation of Money-Lending Act, 1976 as also the U.P. Debt Relief Act, 1977. Consequently, the Court had no jurisdiction to entertain and decree the Suit No.143 of 1978 and, as such, the decree, its execution, the auction sale and all subsequent proceedings are null and void.