SATYA NARAIN Vs. RAVI NATH DEAD

JUDGEMENT

(1.) One Satya Narain, son of Anganu and Gaon Sabha Manhardin, petitioner Nos. 1 and 2 in the present petition, have filed this petition under Article 226. Constitution of India, and have challenged the order passed by District Judge. Basti (respondent No. 6) dated February 22, 1980 (copy filed as Annexure-3 to the petition whereby the order dated February 22, 1979 passed by Munsif. Basti in Execution Case No. 28 of 1977, Ravi Nath and others v. Bhumi Prabandhak Samiti, has been set aside. Misc. Appeal No. 128 of 1979 has been allowed and objections under Order XXI, Rule 90 of C.P.C. held to be as barred by time.

(2.) I have perused the order passed by learned Munsif, Basti dated 22.2.1979 (Annexure-2) as well as the impugned order dated 22.2.1980 passed by the District Judge (Annexure-3).

(3.) Sole ground on which the District Judge has passed the impugned order dated 22.2.1980 (Annexure-3) is, to quote in his own words : "Having heard parties counsel. I am of the opinion that the point of limitation was pressed before the learned Munsif also and he has rejected the plea simply by saying that there was sufficient ground and the order under challenge does not mention what was the ground for condoning the delay which is on the face of it inordinate." The said observation, which is the sole basis of passing the impugned order, is perverse being against record. Munsif, Basti, in his order dated 22.2.1979 (Annexure-2) has made the following observations : "The papers on record shows that Gaon Sabha was not party in Original Suit No. 89 of 1973 and hence the decree passed in this suit will not be binding upon the Gaon Sabha. The Bhumi Prabandhak Samiti is only managing and supervising body of the Gaon Sabha but no interest vests in It. The entire property vests in the Gaon Sabha therefore, Bhumi Prabandhak Samiti had no saleable interest in plot No. 132, which has been auctioned in the execution of a decree against it. The property of Gaon Sabha may certainly not be auctioned in the execution of such decree. There is a material Irregularity in the auction sale by which interest of Gaon Sabha is severally effected on this very ground, the impugned auction sale is liable to be cancelled."