LAWS(P&H)-1956-2-8

MST. MOHAN KAUR Vs. CUSTODIAN MEP AND ANR.

Decided On February 13, 1956
Mst. Mohan Kaur Appellant
V/S
Custodian Mep And Anr. Respondents

JUDGEMENT

(1.) THIS petition for revision is directed against an order of the executing Court setting aside a court -sale on an application by the Custodian under Section17(2), Administration of Evacuee Property Act.

(2.) THE facts are brief and simple. Mst. Harnam Kaur obtained a money decree against Bakhshi and Budra. In execution thereof Mst. Mohan Kaur, a transferee of the decree, got an Ahata of the judgment -debtors attached on 27 -H -1945. In a court auction, the Ahata was knocked down to Mohan Kaur on 10 -5 -1948. The sale in her favour was confirmed on 12 -5 -1948 and a month or so thereafter she got possession of the property sold.

(3.) THE Ordinance was replaced by the Administration of Evacuee Property Act, 1950, (hereinafter to be referred to as the Act), which came into force on 17 -4 -1950. Section 17 of the Act, which corresponds to Section 17 of the Ordinance, reads