MOHAMMAD AKHTAR Vs. RAMHARS CHATURVEDI

JUDGEMENT

(1.) This Miscellaneous second appeal at the instance of the third party claimant raises an interesting question of law.

(2.) The facts of the case are as follows:- The respondent first set of this miscellaneous appeal instituted a money suit for realisation of a sum of Rs. 1400/- together with an interest thereon in the court of munsif 2nd court at Sasaram which was registered as Money Suit No. 36 of 1970. The said suit was decreed ex parte. The respondent first set - decree holder put the said decree in execution wherefor a case was registered being execution case No. 41 of 1970. The said decree holder prayed for satisfaction of the decree by putting plot Nos. 584 and 623 appertaining to Khata No. 10, plot No. 1103 appertaining to Khata No. 318 and plot Nos. 1106, 1102 and 1109 appertaining to khata No. 317 measuring an area of two acres and forty six decimals of land in auction.

(3.) The said property was later on put on auction and the same was purchased by the decree holder himself. The possession of the aforementioned property thereafter was delivered by the Nazir of the court in favour of the decree holder-respondent first set on 15-9-1974.