NAWAL KISHORE Vs. BHONRILAL

JUDGEMENT

(1.) THIS is an appeal by the receiver of the estate of Ganeshi Lal, Kesar Lal and Gulab Chand insolvents and by Hari Dass who purchased a house and a shop belonging to the latter from the former, against an order of the District Judge, Jaipur District, holding that the sale of the same property in favour of Bhonri Lal respondent No. 1 in execution of a decree against the insolvents must prevail over the sale in favour of Hari Dass by the receiver.

(2.) BHONRI Lal obtained a money decree for Rs. 4,522/8/0 against Ganeshi Lal, Kesar Lal in execution of which a house and a shop belonging to them were sold for Rs. 3,226/-on 3. 5. 32 in his favour. The judgment-debtors filed on objection under Order 21 Rule 90 C. P. C. on 8. 5. 52 which was dismissed on 4. 6. 54 and the sale was confirmed on 9. 1. 56. The judgment debtors appealed against the order refusing to set aside the sale and this appeal was allowed on 16. 4. 56 by the District Judge and the sale in favour of BHONRI Lal decree-holder was set aside. BHONRI Lal filed a revision application against the order of the District Judge which was allowed and the sale in his favour was restored by the order of this Court dated 20-12-60.