CHARAN LAL Vs. INDERMAN AND ANR.

JUDGEMENT

(1.) THIS is judgment -debtor's second appeal against dismissal of his objections under Section 47 C.P.C. against sale of his property in pursuance of the money decree passed against him. The facts relevant for the purposes of this appeal may be stated as under: Respondent No. 1 is the decree holder who had obtained a money decree for approximately Rs. 15,000/ - against the appellant. Respondent No. 2 is the auction purchaser. Total land, which belonged to the appellant was three bighas seven biswas and, as such, he came within the category of a small farmer within the meaning of U.P. Act No. 4 of 1977. The property was put to auction on 10th May, 1974 and the sale was confirmed on 17th of January, 1975. By an order dated 28th of August, 1975 the decree was ordered to be satisfied. U.P. Act No. 51 of 1975 was enforced from 10th October, 1975. The object of this Act was to provide for moratorium on recovery of debts from the landless agricultural labourers, small and marginal farmers and some others as a temporary measure for one year. The contention of the appellant is that on the enforcement of this Act the proceedings in execution ought to have been stayed and thereafter when U.P. Act No. 4 of 1977 was enforced his debts should have been wiped out or atleast scaled down in accordance with the provisions of that Act.

(2.) THE controversy in the present appeal, therefore, revolves on two questions; one, what is the effect of confirmation of auction sale and secondly whether even after confirmation of sale on 17th January 1975 and recording of satisfaction of the decree by an order dated 27th July, 1975 the provisions of Section 3 of U.P. Act No. 51 of 1975 would still apply and, if so, to what extent?

(3.) THIS section must be read along with Order 21 Rule 84 onwards which deal with the sale of immovable property in execution of decree. However the provision really relevant for our purposes is to be found in Rule 92 which runs as under: