PARKASH LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A short question, which arises for determination in this civil revision, is with regard to the locus-standi of Respondent No. 1 to move an application praying for cancellation of the sale certificate issued in Petitioner's favour. Answer to the question posed is dependant upon the true interpretation to the provisions of Sub-section (3) of Section 1 of the Himachal Pradesh Tenancy and Land Reforms (Amendment) Act, 1987, (Act No. 6 of 1988) (hereinafter to be called as 'the amendment Act').

(2.) Respondent No. 2-bank on 17th August, 1984, was granted a money decree against judgment-debtors-Respondents No. 3 and 4. On the decree having remained unsatisfied, the decretal amount was sought to be recovered by filing execution petition. 12 biswas of land situate in village Rampurghat in Tehsil Paonta Sahib, District Sirmaur, belonging to the judgment-debtors, over which some construction was also standing, was attached on the basis of warrants of attachment issued by Sub-Judge First Class, Paonta Sahib and ultimately the attached property was put to sale by public auction, which took place on 12th February, 1988. The Petitioner was declared to be the highest bidder. 1/4th of the bid money was deposited on the spot and the remaining amount was deposited on 23rd February, 1988. Since no application was made under Rules 89, 90 and 91 of Order 21 Code of Civil Procedure (hereinafter referred to as 'the Code') the sale was confirmed on 11th March, 1988 and by virtue of provisions of Order 21, Rule 92 of the Code, the same became absolute. The sale certificate was granted to the Petitioner on 8 th April, 1988 as per the requirement of Order 21, Rule 94 of the Code.

(3.) According to the Petitioner, the property was purchased by him with an intention to establish a poultry farm being an industry for which purpose the Director of Industries, Himachal Pradesh, on having been approached issued the requisite essentiality certificate and as per the law, there was no prohibition in the purchase of the property.