HARCHARAN SINGHS Vs. TAJENDRA SINGH

JUDGEMENT

(1.) The instant appeal has been filed against the judgment and decree passed by IIIrd Additional District Judge, Bijnor on 28.07.1998 in Civil Appeal No.112 of 1998 (Tajendra Singh and another Vs. Harcharan and Another) setting aside the judgment and decree passed by the trial court on 16.03.1988 in Civil Suit No.257 of 1989 and decreeing the suit of plaintiffs.

(2.) The brief facts relating to the case are that defendant/respondent nos.1 and 2 filed Civil Suit No.257 of 1989 in the court of Civil Judge (Senior Division), Bijnor against defendant No.4 for obtaining (i) a decree for setting aside the auction of Plot No.80 area 13 Bigha 5 Biswas situated in village Turatpur Pargana Afzalgarh, Tehsil Nagina, District Bijnor and (ii) a decree for permanent injunction restraining defendant nos.1 to 4, their servants and agents from interfering in peaceful possession of plaintiffs over the land in dispute.

(3.) As per averments made in plaint, the plaintiffs and defendant No.5 borrowed a sum of Rs.48,000/- from State of Bank of India in the year 1979 for purchase of a tractor and upon default in payment of loan, the land in suit was auctioned without notice to plaintiffs, without following procedure laid down by law, and by conducting auction proceedings in surreptitiously and fraudulently at a place, distant from land in suit auctioned and different to the place mentioned in sale proclamation; that the alleged sale could have been confirmed only by the Collector, who has not passed any order of confirmation and since, the proceedings were conducted surreptitiously in fraudulent manner, the auction proceedings are liable to be set aside; that defendant no.5 is in collusion with defendant nos.1 to 4.