KHAN MOHAMMAD HALIM Vs. COMMISSIONERS OF HAZARIBAGH MUNICIPALITY

JUDGEMENT

(1.) This is an application in revision by the claimant to a house property which has been sold in execution of a decree in favour of opposite party No. 1, the Commissioners of the Hazaribagh Municipality, against one Mt. Saira Khatoon, the owner of the property in question, namely, Municipal Holding No 296 in Ward No. IV of the Hazaribagh Municipality.

(2.) The relevant facts are these. By a registered deed of sale, dated the 13th of December, 1960, the recorded owner of the holding in question sold to the petitioner. The Municipality obtained a Small Cause Court decree for Rs. 743.72 on the 22nd of July, 1963, for arrears of Municipal taxes and on haying applied for transferring it on the original cavil side put the same in execution in Case No. 4 of 1966 and proceeded against the holding in question.

(3.) The holding was put to auction sale on the 8th of November, 1968, and was purchased by opposite party No. 2 Mt. Adla Khatoon, for Rs. 1,125/-. Twenty-nine days thereafter, on the 7th of December, 1968, the petitioner preferred his claim under the provisions of Order 21. Rule 58 of the Civil Procedure Code. An objection was raised on behalf of the decree-holder that the claim case having been filed after the sale having already taken place was not maintainable.