RAMJI LAL Vs. SARAB SINGH

JUDGEMENT

(1.) This revision petition is directed against the order dated 20.2.1997 passed by learned Addl. Civil Judge (Senior Division), Kaithal, by which an application filed by Sarab Singh, judgment-debtor (since deceased) under Order 21, Rules 89 and 90 of Code of Civil Procedure, 1908 (for short. CPC) assailing the Court auction of the property in dispute in favour of Ramji Lal and Chand Ram (petitioners) has been allowed and upheld by learned Addl. District Judge, Kaithal, vide his order dated 3.4.2001.

(2.) Brief facts of the case are that M/s. Jyoti Parshad Vinod Kumar and Krishan Kumar filed a suit against Sarab Singh for recovery of Rs.l3,500/-which was decreed on 18.10.1986 for a sum of Rs. 10,000/- plus Rs.3350/- as interest from the date of filing of the suit @ Rs.1% and further interest @ Rs. 6% per annum till the date of realisation. The said decree became final between the parties. The decree-holders filed an execution but the amount could not be recovered. Consequently, the land in dispute measuring 15 kanals 13 marlas was sold by way of Court auction on 4.2.1992. The petitioners were the highest bidders for a sum of Rs. 32.000/-. The sale was confirmed and sale certificate was issued in their favour. The judgment-debtor (Sarab Singh) filed a composite application under Order 21, Rules 89 and 90 of CPC on 6.6.1992. It was also alleged in para No. 4 (i) (h) that the petitioners have not even paid 25% of the auction money on the date of auction, therefore, sale should not have been confirmed in their favour.

(3.) The application was contested by the petitioners before the Court below. Issues were framed. Evidence was led. Ultimately, the trial Court allowed the application and the sale dated 4.2.1992 confirmed on 07.3.1992 was set aside.