VIRENDRA KISHORE SHRIVASTAVA Vs. KESHARINANDAN PRASAD

JUDGEMENT

(1.) This application in revision is directed against an order dated the 21st June, 1960, of the Execution Munsif of Muzaffarpur, passed in Execution Case No. 1056/506 of 1954, refusing to enlarge the time for depositing the balance of the decretal amount and thereby confirming the sale held in the said execution case on the 24th of January, 1955.

(2.) This case has a chequered history. It would appear that the opposite party brought a suit for recovery of possession and mesne profits and the court passed a decree for Rs. 5,385 and odd with interest at the rate of six per cent per annum until payment besides cost. There was an appeal by the petitioner when the amount of the mesne profits was reduced to Rs. 4,900. It was, however, before the appeal was filed that the opposite party put the decree in execution in the aforesaid execution case and brought to sale and himself purchased on the 24th of January, 1955, seven annas share of the petitioner in his milkiat interest including jirait lands etc. in touzi No. 5883 of Mouza Raghunathpur Basant in the district of Muzaffarpur.

(3.) The sale was held in six lots and the total sum fetched at the sale was Rs. 4,700, although the modified decree granted by the appellate court was for a few hundred rupees more.