MUNNI LAL Vs. MISRI LAL

JUDGEMENT

(1.) heard Sri Keshari Nath Tipathi, learned senior advocate appearing for the appellants and Sri N.K. Sharma learned counsel appearing for the respondent No. 1. No. Body appears for the respondents No. 2, 3, 4 and 5.

(2.) this appeal under Section 100 of the Code of Civil Procedure, 1908. Hereinafter called the Code, is directed against the decree and judgment of the ii addl. Civil judge, jaunpur passed in Civil Appeal No. 145 of 1986 reversing the decree and judgment of the vii addl. Munsif, jaunpur rendered in original suit No. 254 of 1978 between Misri Lal and U.P.State Co-Operative Land Development Bank Ltd., Lucknow and others dismissing the suit of the plaintiff-respondent seeking a declaration that the sale proceedings in respect of the disputed property were illegal, unauthorised, irregular and void ab-initio and praying for injunction restraining the defendants from interfering with his possession over the property in dispute.

(3.) it appears that Misri Lal, plaintiff and goodcr, the defendant No. 3, jointly took loan from the u. P. State co-operative land development bank ltd. (hereinafter called the bank) and committed default in repayment thereof. Consequently, recovery proceedings under the provisions of the u. P. Co-operative land development banks act, 1964, hereinafter called the act and the u. P. Co-operative land development Rules, 1971, hereinafter called the Rules, were initiated, these proceedings eulminated into the auction of the property in dispute which took place on 29th June, 1977. The defendants No. 5 6, and 7, the appellants herein, purchased the disputed property. The sale was confirmed in their facour on 9th NOVEMBER, 1977 and the sale certificate was issued to them on 21st June, 1978. Thereafter, the plaintiff instituted the suit for declaration and injunction. The suit was contested by the defendants No. 1, 2, 5, 6, and 7. But the defendants No. 3 and 4 filed written statements supporting the claim of the plaintiff.