RAM LAL Vs. RAM NARAIN

JUDGEMENT

(1.) This second appeal arises out of a suit for possession brought by the appellants against the respondents for possession of certain share situate in mahal Gaya Din village Bitwa Gadan Khera in the district of Unnao.

(2.) The facts which gave rise to this suit are briefly narrated below : Ram Narain, respondent 1, obtained a decree for profits against the three appellants and one Din Dayal from the Court of the Sub-Divisional Officer, Hasanganj, on 26-10-1936. An application for execution of the decree was presented to that Court in August 1939. The execution case was ultimately transferred to the Court of the Sale Officer on 27-3-1940, and all the papers relating to the execution were sent to that officer.

(3.) On 13-10-1941, the application for execution was dismissed for default by the Sale Officer., who then returned the papers to the Sub-Divisional Officer, Hasanganj. An application was made by the decree-holders for restoration of the execution case and the Sale Officer restored the case on 1-11-1941. The proceedings for sale then commenced and the sale was finally confirmed on 6-3-1943. Raja Ram, respondent 2, was the auction purchaser and possession was delivered to him on 18-4-1943.