SUKH LAL Vs. GHASI RAM

JUDGEMENT

(1.) THIS is a judgement-debtor's application in revision directed against an order passed by the learned District Judge, Rampur allowing a Revision filed by the opposite party against an order passed by the learned Munsiff Rampur dismissing the application of the opposite party for delivery of possession under Order 21, Rule 95 of the Code of Civil Procedure.

(2.) THE relevant facts are these. In execution of a decree obtained against the judgement-debtor- applicant, certain properties belonging to the judgement debtor were auctioned on 14-11-73. THE property was purchased by the opposite-party. A formal order confirming the sale was passed on 30-5- 1974. THE judgement-debtor-applicant filed an objection under Section 47 of the Code of Civil Procedure on 26-7-1974 questioning the liability of the properties in question to be sold and challenging the validity of the execution proceedings which had led to the sale of the properties in question. This objection was contested by the opposite-party and it was eventually dismissed on 7-2-76. On the termination of the proceedings commenced upon the objection of the judgement-debtor-applicant, a sale certificate was issued in favour of the opposite-party on 7-4-1976. On 12-4-1976, the applicant (opposite party) moved the application giving rise to this Revision for delivery of possession under Order 21, Rule 95, Civil P.C.

(3.) AGGRIEVED, the judgement-debtor has filed the present revision. Learned counsel for the applicant has contended that the limitation for an application by an auction-purchaser has to be computed from the date of the confirmation of the sale in view of provision of O.21, R.92, C.P.C. Learned counsel for the opposite-party on the other hand urged that the view taken by the Assam High Court in the aforesaid case is correct and sound and the order passed by the learned District Judge calls for no interference by this Court.