PITAMBAR PUJARI Vs. BHIKARI MEHERA AND ORS.

JUDGEMENT

(1.) THE unsuccessful Plaintiff in both the Courts below has preferred this second appeal. The Plaintiff's suit is for declaration of his tide over the suit land.

(2.) THE admitted facts in this case are that Defendant No. 2 got a money decree against the Plaintiff and he levied execution of that decree as per Execution Case No. 239/67 in the Court of the Munsif, Patnagarh, to realise his decretal dues. In the said execution proceeding, the suit land belonging to the Plaintiff was attached and sold in auction sale on 15 -4 -1968, and Defendant No. 1, the son -in -law of Defendant No. 2, purchased the same. The said Court sale was confirmed on 20 -6 -1968 and no objection was filed against the aforesaid sale. Admittedly also the Plaintiff is a member of the scheduled tribe whereas Defendant No. 1. who purchased the said property in the aforesaid Court sale, is not a member of the scheduled tribe.

(3.) THE Defendant's case, infer alia, is that as the executing Court sold the suit property in auction sale in favour of Defendant No. 1 who was the highest bidder and that Court later confirmed the said sale to the knowledge of the Plaintiff, the provisions of Section 22(3) of the O.L.R. Act by implication have been complied with, and so the auction sale in favour of Defendant No. 1 cannot be said to be void and invalid, and accordingly by the said Court sale title in the suit land has validly passed to Defendant No. 1 and the Plaintiff is not entitled to the declaration prayed for by him.