RAMSINGH GANGARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the decree, dated 30-6-1961, passed by shri S. N. Chaturvedi, Additional District Judge, Dhar in Civil Suit No 1 of 1956, renumbered as 3 of 1960. dismissing the plaintiff's claim mainly on the ground that the Civil Court had no jurisdiction to entertain the suit.

(2.) ONE, Mst. Moti, a widow, owned about 261 Bighas and 15 Biswas of land. She died heirless. Therefore, the lands escheated to the then Dhar State. Her death had taken place some time in the year 1923 Steps were being taken to have the lands allotted by public auction. In the year 1944, the Government of Dhar State decided to hold public auction for the purpose of allotment in favour of the highest bidder.

(3.) THE land was decided to be sold in five different lots. Regarding lots Nos. 1, 2 and 3, the present appellant was the highest bidder. Regarding lot No. 4 one, kanhaiyalal was the highest bidder, while regarding lot No. 5, one, Bherusingh was the highest bidder. The auction was held on 28-4-1944. The appellant's bids for lot no. 1 for Rs. 3800/-for lot No. 2 Rs. 3100/- and for lot No. 3 Rs. 4900/-were accepted. As such, the appellant was liable to pay a total auction price of Rs. 11800/- for the three lots purchased by him. He deposited Rs. 2950/-on 26-51944, that is within one month of the auction sale. This represented one-fourth. of the auction price payable by an auction purchaser. However, the appellant did not mention the various lots or the amount that was being deposited towards each auction sale.