HARI SHARAN Vs. VISHWANATH

JUDGEMENT

(1.) The facts are A suit under Sec. 176, Z.A. and L.R. Act is filed by Vishwanaths in the Court of Assistant Collector, First Class, Bulandshahar. The relief to divide the holding amongst the co-tenants as it respects land of khasra No. 1900 area 0-5-0. The plaintiffs claim 5/9 share. Since the area of the holding is less than 3.125 acres an auction amongst co-tenarus was held on 30-8-1982. The highest bid came at Rs. 9960.00 by defendant Har Saran. This was accepted. He deposits 25 % of purchase money on the next day in Bank. The rest amount of purchase money to be deposited before the 15th day from the date of auction. On 27-11-1982 Assistant Collector, First Class rejects an objection by plaintiff Girdhari against late payment ; court directs him to deposit full amount of purchase money ; thereafter the file to come up for confirmation of sale.

(2.) Aggrieved plaintiff Vishwanath appeals. On 8-4-1983 it is allowed ; the order of court below is set aside. It is ruled that sale is vitiated because full amount of purchase money was not deposited within the prescribed time. An order to put the land to re-auction. Aggrieved defendant Har Saran appeals.

(3.) Heard the counsel for the appellant ; perused the record. Respondent is absent.