FAIZUR RAHMAN Vs. CHANDRA KANTA MODI

JUDGEMENT

(1.) Heard Mr. B. K. Goswami, learned senior Advocate assisted by Mrs. T. Goswami appearing on behalf of the petitioners and Mr. N. Choudhury, learned counsel for the respondent.

(2.) The brief facts, leading to the present revision, are that the O.P. Chandra Kanta Modi, hereinafter, referred to as the plaintiff, for the convenience sake, instituted M. S. No. 23/93 for recovery of Rs. 40,000/- being the loan taken by Mafizuddin Ahmed. The present petitioners who are defendants in the said suit were arrayed as parties being the legal heirs of Late Mafizuddin Ahmed. The suit was decreed ex parte on 13-6-94 and thereafter, the plaintiff instituted Money Execution Case No. 24/95 for execution of the decree passed in Money Suit No. 23/93. In the said execution case, total land measuring 4-1/2 Lechas covered by Dag Nos. 1579 and 1602 was attached and thereafter in the consequent sale, the plaintiffs after obtaining necessary permission, purchased the said land in auction on 6-12-95 and the sale was confirmed on 9-1-96 and the sale certificate was issued on 18-1-96. The plaintiff, thereafter, filed a petition for delivery of possession.

(3.) The present petitioners, thereafter, filed an application, being Misc. (J) Case No. 9/96 for setting aside the sale under Order 21, Rule 19, CPC. Another application u/S. 47, CPC was also filed by another defendant Sultana Begum and the same was registered as Misc. (J) Case No. 11/96. Both the cases were heard together and the learned trial Court/Executing Court dismissed the petition vide common order dated 8-1-99. Thereafter, Money Appeal No. 4/99 was preferred before the Addl. District Judge, Nagaon who vide impugned order dated 15-7-05 dismissed the appeal. It may be mentioned here that the present petitioners are the legal heirs of the original defendant-cum-judgment- debtor Sultana Begum, who died during the pendency of the appeal.