JASODABAI Vs. SEWANTIBAI

JUDGEMENT

(1.) This is defendants' second appeal

(2.) In brief the suit of plaintiff is that one Naram filed a suit against Mangilal who was the predeeessors of defendants That suit was registered as 97-B/68 In that suit Narain sought decree of money against Mangilal which was borrowed by him That suit was decreed For the realisation of the decretal amount, the suit land was attached and put to auction On 12 7 1976 original plaintiff Narain being the highest bidder bought the land in auction sale for Rs 6500/ On 4 11 1976 a sale certificate was issued in favour of plaintiff in that regard and on 12 4 1978 warrant of possession was issued and the possession was delivered to plaintiff on 16-4 1978 Thereafter the name of original plaintiff-Narain was also mutated in the revenue record vide order dated 19-12-1978 It has been pleaded by the plaintiff that after having obtained possession through possession warrant on 16 4 1978, he started cultivating the land in question On 29-6-1979 the defendants tried to in terfere in the possession of the plaintiff hence the present suit for injunction has been filed

(3.) The avermentb made by the plaintiff were denied by the defendants It has been put forth by them that they were not aware about the auction sale The defendants denied the possession of plaintiff and prayed that suit be dismissed