DURGA DAS Vs. MUNI LAL

JUDGEMENT

(1.) THIS is a rule directed against an order passed by Mr. Jasmer Singh dated 21-4-1952 refusing to order the refund of Rs. 2,000/- to the petitioner.

(2.) ONE Munni Lal in execution of his decree for money against Nur Muhammad got certain property attached which was under mortgage with him (Munni Lal ). On 27-8-1948 the equity of redemption was sold for Rs. 3,100/- and was purchased by Durga Das. The sale was confirmed and after the confirmation of the sale the auction-purchaser paid Rs. 2000/-to Munni Lal, the previous mortgagee, and got the property redeemed. This was on 1-11-1948. The Custodian then stepped in and on his application the sale was set aside on 31-7-1950.

(3.) DURGA Das thereupon applied to the refund of Rs. 3,100/- paid by him as auction money and rs. 2,000/- paid by him for redemption of the mortgaged property.