ASIS KHATOON Vs. SURAYA BEGUM

JUDGEMENT

(1.) The question raised by this reference is whether poundage could be collected even in respect of sales effected by private treaty under Order 21, Rule 83 Civil Procedure Code.

(2.) In the instant case, the house of the judgment-debtor was attached on 4-7-1952 in E. P, No. 41/3/52-53. Subsequently, the judgment-debtor applied to the executing Court for permission to sell the attached property through private auctioneers. Permission was accorded in the following words: "Permission is given to effect private sale within one month. The sale amount to the extent of the decree should be deposited in the Court. Certificate be issued accordingly."

(3.) Pursuant to this permission, auction was held privately and the sale amount was deposited into Court. Out of this, a sum of Rs. 903-3-3 was deducted and credited to the Government as the sale commission. The application giving rise to this reference was made by the judgment-debtor for refund of this amount on the ground that the deduction was unwarranted.