MOHAMMAD MOINUDDIN Vs. PIYARI BEGUM

JUDGEMENT

(1.) IN execution of a decree, certain property was ordered to be sold by public auction and an auctioneer was appointed. By an order dated 27-7-1976, the 1st Addl. Judge. City Civil Court, Hyderabad, held that in addition to the bid amount, the auctioner-purcbaser was also bound to pay 5 percent of the bid amount to the auctioneer towards his commission. The claim of the auction-purchaser that the auctioneer's commission should be paid out of the bid amount was over-ruled.

(2.) IN this Civil Revision Petition, Sri.M. Venkatcshwarlu, learned Counsel for the petitioner, draw my attention to Clauses (3) and (4) of the terms of auction and Rules 197 to 202 of the Civil Rules of Practice and urges that the auctioneer's commission should come out of the bid amount. (Clauses 3) and (4) of the terms of auction are as follows :