BHOLA KOERI Vs. LAXMI DEVI

JUDGEMENT

(1.) THE controversy in this appeal is in respect of title of the plaintiff Smt. Laxmi Devi to the property in suit which is a dilapidated house with some appurtenant land and, admittedly, at one time the disputed property belonged to Bhola Koeri and Smt. Rajwanti, the defen dants.

(2.) THE defendants were indebted to one Sitaram Sahu, who obtained a dec ree against them from the Small Cause Court. As will apear from the sale certi ficate, Ext. 1, on record, the decree of the Small Cause Court was transmitted for execution to the court of Munsif. In execution of the decree, Sitararn Sahu got the property in sale attached and at an auction held on 18-12-1959 purchased it. The Executing Court confirmed the sale on 3-2-1960 and a sale certificate was issued in favour of Sita-ram on 16-4- 1960. Smt. Laxmi Devi, the plaintiff, purchased the property in suit from Sitaram Sahu, through a sale deed dated 7-6-1963. The defendants did not recognise the title of the plaintiff and tried to interfere with her enjoyment and trespassed on a part of the land by raising a wall and other con structions. The plaintiff then instituted the suit giving rise to this appeal for possession by demolition and for permanent injunction.

(3.) ON appeal by the plaintiff the learned Civil Judge, who heard the appeal, allowed it and decreed the plaintiff's suit. The learned Judge held that the defendants, not having raised any objection in the exe cution case and allowed the sale in favour of Sitaram Sahu, to become absolute, were barred by the principles of constructive res judicata from challenging the validity of the sale of the disputed property at the auc tion held in execution.