HIRA LAL Vs. HARI NARAIN

JUDGEMENT

(1.) By this application an order passed by the learned First Additional Civil Judge of Kanpur dismissing the auction purchaser's application under Order XXI, Rule 97 of C. P. Code for delivery of possession of the house purchased, has been brought up for revision. The facts which are necessary for the proper appreciation of the contentions raised by the learned counsel for the parties may be briefly stated.

(2.) The Punjab and Sindh Bank obtained a decree for money against Smt. Narani Devi and one of her sons Shri Narain. In execution of this decree the decree-holder got a big house No. 24/88-A, Birhans Road, Kanpur, belonging to Smt. Naraini Devi, one of the judgment debtors, attached. The house attached was put to auction on 4-9-1961 and was purchased by the applicants for a sum of Rs. 1,11,000/-. The sale was confirmed on 14-1-1962. Smt. Naraini Devi, it appears, filed a revision in the High Court against the confirmation of the sale but failed. Her revision was dismissed by the High Court on 27-3-1962. The house in question was partly tenanted of which possession had already been delivered to auction purchasers and partly occupied by the judgment-debtors Smt. Naraini Devi and her son Shri Narain, On 4-4-1962 on the application of the auction purchasers the court directed the judgment-debtors to deliver possession. Hari Narain, another son of Smt. Naraini Devi who was not a judgment-debtor resisted delivery of possession. It appears that when Hari Narain came to know that the auction purchasers had sought police help to get the delivery of possession, he approached the court and filed an application on 11-4-1962 for setting aside the order of the court dated 4-4-1962 directing delivery of possession. This was registered as Misc. Case No. 22 of 1962.

(3.) On 7-5-1962 the auction purchaser applicants filed their application under Order XXI Rule 97, C. P. C. alleging that Hari Narain at the instigation of the judgment-debtors had obstructed the delivery of possession and prayed for necessary orders against him. This was registered as Miscellaneous application No. 25 of 1962. The learned Civil Judge consolidated the above said-two applications for hearing.