HARNARAIN SAHU Vs. BECHU LAL

JUDGEMENT

(1.) BECHU Lal obtained a compromise decree against Nanhu Kumar for recovery of Rs. 5,802/ -on December 21, 1950. Bechulal, the decree holder put the decree in execution. The western portion of house No. D -47/176 was attached and put up for auction. At the auction it was purchased by the Appellant Har Narain Sahu for Rs. 4,800/ -. The sale was confirmed on July 18, 1954. On September 6, 1954 the auction purchaser obtained possession.

(2.) ON March 17, 1954 one Narain Das and Smt. Boda filed suit No. 160 of 1954 against Nanhu Kumar, Bechu Lal as well as the auction purchaser Har Narain for the declaration that the Plaintiffs were the owners of the property and the sale in execution of the decree in favour of Bechu Lal was illegal and ineffective. The suit was decreed on 23 -5 -1959 ; it was declared that the attachment and sale of the property in execution of the decree of suit No. 119 of 1950 was illegal and ineffective as against the rights of the Plaintiffs.

(3.) HAR Narain the auction purchaser on July 28, 1959 filed an application under Section 48 of the Code of Civil Procedure claiming refund of the purchase money. He, on May 9, 1961 filed an independent suit (suit No. 42 of 1961) against Bechu Lal, decree holder in the first suit, and the heirs of Narain Das (the Plaintiffs of the second suit) for recovery of Rs. 4,800/ -the auction sale price. The trial court decreed the suit as well as the execution application under Section 47 of the Code of Civil Procedure for recovery of Rs. 4,800/ -. The Defendants went up in appeal which was allowed and the decree set aside. The suit as well as the application under Section 47 of the Code of Civil Procedure, were dismissed.