BHANWAR LAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed by the petitionerobjector, is to the dismissal of the objections vide order dated 25.05.1995 and confirming the sale proceedings and the sale certificate, issued in favour of the purchaser -respondent No.2, Mahabir Prashad, pertaining to the shop situated in khewat No.999, for a sum of '1.15 lacs. The order has further been upheld in appeal by the Addl.District Judge, Ferozepur on 29.09.1999.

(2.) A perusal of the facts would go on to show that the Bank had secured a decree for recovery of Rs. 5,46,851/ - and in pursuance of the said decree against Suraj Mal Nathu Ram, the two shops owned by the judgment debtors were sought to be sold. The auction took place on 05.02.1993 and respondent No.2 purchased one of the shops at '1.15 lacs being the highest bidder and the other shop was purchased by Naresh Kumar and Harinder Kumar, jointly, for a sum of Rs. 2 lacs. It is the admitted case that the revision petition filed against the present orders in the case of the other shop has been withdrawn and it has become final inter se the parties qua the said shop and CR No.6536 of 1999 titled Vijay Kumar Vs. Punjab National Bank Etc. was withdrawn on 06.02.2006, which was filed by Vijay Kumar, who also happens to be the brother of the objector. Thus, the brother of the present petitioner has accepted the confirmation of the other shop in favour of the auction purchaser, namely, Naresh Kumar and Harinder Kumar, jointly, which is a factor to be kept in mind while deciding the present revision petition.

(3.) THE auction proceedings were signed by Shri K.K.Sharma, the Manager of the decree holder -Bank and the Trial Court examined the auction proceedings which were conducted by Manohar Singh, the Tehsildar. The argument that Shri S.C.Jasuja, Advocate, Fazilka was the Court auctioneer, was rejected on the ground that he was the counsel for the judgment debtor itself.