K RAMA RAO Vs. VENKATESWAR RAO

JUDGEMENT

(1.) The judgment-debtor filed a petition under Sections 144 and 151, C.P.C. on 25-6-85 on the file of the Court of the district Munsif, Bodhan, for redelivery of possession of the property on the ground that the sale that has been conducted by the Court is a nullity. The lower Court allowed that petition directing that one acre of land in S.No. 113/1, situated at Baswaipally, in possession of the 2nd respondent, be delivered to the judgment-debtor. It is against that order, the present revision petition has been filed.

(2.) The facts that are emanated before the filing of the petition are as follows :

(3.) The 1st respondent in the Court below who is the decree-holder (2nd respondent herein) filed O.S.No. 219 of 1981 against the judgment-debtor for recovery of Rs.5030/- and obtained a decree on 25-8-1982. Thereafter, E.P.No. 73 of 1982 for attachment and sale of the land measuring Ac. 3-19 guntas in S.No. 113/1 situated at Baswaipally was filed. An extent of one acre of land on the Northern side was sold for Rs. 9,000/- on 19-12-1983 in favour of the 2nd respondent. The auction purchaser deposited 1/4th amount on the date of the auction and the remaining amount on 29-12-1983. The required stamps for the sale certificate or the required amount for such stamp duty was not deposited by 29-12-1983. The stamps were deposited on 19-9-1984 on the direction given by the Court. After completing the formalities, the sale certificate was issued on 25-2-1985 and 24-4-1985 and one acre of land was delivered to the auction purchaser on 14-5-1985.