CHIRANJI LAL Vs. CHHAJJU SINGH AND OTHERS

JUDGEMENT

(1.) CIRCUMSTANCES giving rise to E.S.A. 1150 of 1966 are as follows :

(2.) ON 3rd July, 1963, Sham Singh, decree -holder made another application for execution of his decree and got attached the same 11 Bighas and 4 Biswas of land, Charanji Lal raised objections inter alia on the ground that the other land of the judgment -debtor was available in execution of the decree. On 10th August, 1965, the executing Court dismissed those objections of Charanji Lal, who, on 1st October, 1965, preferred an appeal to the District Judge. The latter, on 2nd November, 1965, passed an order staying the execution of Sham Singh's decree pending Charanji Lal's appeal. The District Judge accepted Charanji Lal's appeal on 31st January, 1966, and remanded the case to the executing Court for decision on merits. In the meantime however, on 26th October, 1965, the land was put to sale in execution of Sham Singh's decree. Chhajju Singh respondent was the highest bidder and the auction was knocked down in his favour. The auction -purchaser, on 5th November, 1965, deposited one -fourth of the purchase price. He deposited the balance on 6th November, 1965. Because of the stay order issued by the District Court, the sale was, however not confirmed.

(3.) ON 22nd November, 1965, Charanji Lal made an application to the executing Court that he be allowed to deposit the decretal amount in the execution taken out by Sham Singh though his appeal before the District Judge was then pending. Charanji Lal actually deposited the decretal amount on 23rd November, 1965. On 16th February, 1966, Charanji Lal made another application to the executing Court that in view of the deposit made by him, the execution be dismissed as fully satisfied. In consequence, on 29th March, 1966, the executing Court dismissed the execution on the ground that the decree had been fully satisfied. Against that order, dated 29th March, 1966, of the execution Court, the auction purchaser, Chhajju Singh, filed an appeal to the District Judge. The District Judge by his order, dated 10th June, 1966 allowed that appeal. Hence this second appeal by Charanji Lal. In the meanwhile, the decree -holder, Sham Singh, absented himself and the execution was dismissed in default.