OM PARKASH Vs. LAND ACQUISITION COLLECTOR URBAN ESTATES

JUDGEMENT

(1.) IN execution of the decree passed in RFA No. 430 of 1995, a public auction of 3 kanals 13 marlas of land was conducted on 27th March, 1990 after proper publication. The appellant, Om Parkash was the highest bidder and he deposited the total auction price of Rs. 85,000.00 in the Court. On 9th May, 1990 the judgment debtor-respondent No. 1 moved an application for setting aside of the sale whereas Om Parkash the auction purchaser made an application dated 25. 5. 1990 for confirmation of the sale and for the issuance of a sale certificate. Both the applications were dismissed on the same day i. e. on 23rd July, 1990. Copies of the orders have been appended as Annexures A-1 and A-2. Om Parkash appellant has thereafter come to this court praying that the order declining his application was not correct in law.

(2.) MR . Rajan Gupta appearing for the appellant has urged that the reasons given by the Additional District Judge, Ludhiana in making the order Annexure A-1 were not relevant to the points in issue as on the dismissal of an application made under Order 21 Rule 89, Civil Procedure Code, the executing court had no option but to confirm the sale. As against this, Mr. Gill the learned AAG appearing for the State of Punjab, has adopted the reasons given by the Additional District Judge.

(3.) IN the light of what has been held above, I am of the opinion that this appeal deserves to succeed and is accordingly allowed. It is further directed that the sale be confirmed and the executing court is directed to issue a sale certificate immediately.