SANTOSH KUMAR NAYAK Vs. JAGDISH PRASAD SHUKLA

JUDGEMENT

(1.) THIS is an appeal filed by the defendant No. 3, the auction -purchaser, under Section 100 of the Code of Civil Procedure. This appeal arises from the judgment and decree dated 13.10.1995 passed by Smt. Maitrayee Mathur, the Ninth Additional Judge to the Court of District Jabalpur, in Civil appeal No. 26/95 arising out of the judgment and decree dated 29.3.1994, passed by Sixth Civil Judge Class -I, Jabalpur, in Civil Suit No. 174 -A of 1922.

(2.) THE respondent No. 1 filed Civil Suit No. 174 -A of 1992 for a declaration to the effect that the auction sale of houses bearing Municipal Corporation No. 668,669,670 and 671 situate of Belbagh, Jabalpur, is null and void. Besides the appellant, the respondents No. 2, 3 and 4 were also made defendants in the suit.

(3.) THE suit was resisted by respondents No. 2 and 3 who claimed that the houses were already mortgaged with them. They claimed mat the auction was valid.