VISHALI Vs. RAJENDRA

JUDGEMENT

(1.) SURENDRA Kumar (R-4), Birendra Kumar (R-5), Santram (R-3), Rajkumar (R-2) and Rajendra (R-l) are sons of Ram Kripal (R-6) and his wife Pan Bai (R-7 ). These sons filed a civil suit on 8-10-86 challenging an auction sale held by Revenue Court on 1-9-71 of khasra No. 547 area 8. 191 hectares, land revenue 30. 84 paise, situate in village Bhanpur. Tehsil Ajaygarh (to be called as "suit land" only) in favour of Vishali (A-1 ). The grounds have been taken that :-

(2.) IT is undisputed that Vishali (A-1 purchaser) had sold 4. 191 hectares of land to Daou (A-3) and Bhagat (A-4) on 19-7-78 vide Ex. D-2, 1. 596 hectares of land to Sampat Bai (A-2) vide Ex. D-3 on 8-2-80 and rest 2. 428 hectares of land to Anmil Rao (A-5) who sold the same to Sampat Bai (A-2) vide Ex. D-1 on 6-1-87.

(3.) APPELLANTS have claimed that Vishali (A-1) was put in possession of the land just after auction on 1-9-71. Ram Kripal (R-6) continued litigation in Revenue Courts but Vishali (A-1) was successful everywhere. Ram Kripal had taken Tallavi loan for purchase of diesel pump set. As he could not pay, sale was done by the Revenue court. As Motilal had not deposited l/4th of the bid money, recovery proceedings were started against him. Auction sale was confirmed on 22-2-78. The sale certificate was issued in favour of Vishali (A-1 ). Mutation was effected in favour of Vishali (A-1) and others appellants in due course. Surendra Kumar (R-4) and Birendra Kumar (R-5) were not even born on the date of auction thus, they could not challenge the auction. The other respondents had not filed the civil suit within a period of three years of their attaining the majority and thus the suit was barred by limitation.