KALYAN SAHAI Vs. MOLA BUX

JUDGEMENT

(1.) THIS is an appeal by the auction purchaser against the order of the learned Senior Civil Judge, Jaipur City, dated the 27th January, 1959.

(2.) THE fact giving rise to it are that respondent No. 2 had obtained a decree for Rs. 361/- against Respondent No. 1 Mola Bux. After adding Rs. 48/12/- for costs etc, he took out execution for realising the total amount of Rs. 408/12/ -. In order to satisfy the said decree, the judgement-debtor's house, which was situated in Jaipur City, was put to auction subject to the mortgagee's charge to the extent of Rs. 4000/ -. THE auction of the said property commenced from 28. 11. 52 and continued for several days with intervals. On 10-12-52, highest bid for Rs. 1000/- was one of the Sanghi Gendilal, but it was not accepted. THE property! was again auctioned on 14th and 18th December, 1952, but nobody raised the bid. On 21st December, 1952, when the property was again auctioned, the appellant raised the bid to Rs. 2250/ -. It was, however, not accepted as the final bid and the Sale Amin made a report to the Presiding Officer of the court and adjourned the sale to 24-12-52. On 24-12-52, the appellant was not present at the auction sale which was again adjourned to 2. 1. 53. On 2. 1. 53 also, the appellant was not present, still the Sale Amin knocked down the sale in his favour in his absence. THE appellant did not deposit 25% of the auction on 2. 1. 53, nor did he deposit the remaining amount on or before the 14th day. On 10. 2. 51, the appellant was served with a notice to deposit the money by the 12th of February, 1953. THE appellant did not turn up in the court in response to the said notice and so on 12. 2. 53 the court directed the property to be resold. It appears that although the resale was also conducted on a number of dates, yet the highest bid did not rise beyond Rs. 800/- and so the sale was knocked down in favour of one Subhan on 1. 5. 53. THEre after, on the application of the judgement-debtor the appellant was directed to deposit Rs. 1450/- being the difference between bis bid and that of Subhan. THE appellant raised an objection that he was not liable to pay up the deficiency but his objection was dismissed by the executing court on 18. 7. 55. He filed an appeal but he was unsuccessful and hence he has approached this Court.