MOOL CHAND Vs. THIRD ADDL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) -Heard learned counsel for the parties.

(2.) THIS writ petition is directed against concurrent orders dated 20th December, 1979 and 26th August, 1980 by which an application of a auction purchaser in a execution case has been allowed with respect to amendment of the plot numbers of the property so sold in his favour.

(3.) IT is not disputed that during consolidation operations, the land of plot No. 33 was fragmented into three plots. One biswa was made part of plot No. 46 which was allotted to some other person than the judgment-debtor. Out of the remaining, three biswas formed part of plot No. 47 and one bigha two biswas was included in plot No. 48. Both these plot Nos. 47 and 48 were allotted to the judgment-debtor. The auction purchaser, in view of the aforesaid changes, gave up his claim so far as the land of plot No. 33 which was included in plot No. 46 and was allotted to some other person. The auction purchaser had only laid claim to the land of plot Nos. 47 and 48 which admittedly were allotted in favour of the petitioner and substantially comprised of land of plot No. 33.