GHANASHYAM MOHANTY Vs. BICHITRANANDA CHOUDHURY AND ANR.

JUDGEMENT

(1.) THE judgment -debtor is the Appellant and this appeal is filed against the order of the learned Additional District Judge of Cuttack setting aside the order of the Second Munsif, Cuttack. Respondent No. 2 obtained a decree against the Appellant and in execution of the said decree in Execution Case No. 49 of 1953, for realising a sum cl Rs. 2857.11.6, got attached certain books belonging to the judgment -debtor which are printed books kept by him for sale. There were two other execution cases by two different decree -holders against the judgment -debtor -Appellant in Execution Case No. 115 of 1953 and No. 42 of 1956 for realising sums amounting to about Rs. 1443/ - and Rs. 3000/. respectively. Under Section 14 of the Orissa Money Lenders Act, these attached properties were valued at Rs. 850/ - by the executing court. As here Was a claim application with regard to certain books attached, the books with regard to which there was no claim were valued at Rs. 7860 -9.0 and were put to sale. The sale was held on 18 -7 -1956 for a sum of Rs. 1927/ - and the decree -holder was the auction purchaser. The amount also was paid On 20 -7 -1956 by deposit in the treasury as the officer -conducting the sale did not receive the amount from him. After the sale was held, the judgment -debtor -Appellant filed an application involving the provisions of Section 15 of the Money Lenders Act and contended that the sale was a nullity and contrary to law. The learned Munsif accepted the contention, but on appeal the learned Additional District Judge rejected the application filed by the judgment -debtor. Hence this appeal.

(2.) MR . Misra, the learned Counsel appearing for the Appellant contended that the sale was held contrary to the provisions of Section 15 of the Money Lenders Act and therefore was a nullity as it was without jurisdiction. Section 15 of the Money Lenders Act is to this effect,