BHANWARI DEVI Vs. SOHAN LAL

JUDGEMENT

(1.) THIS an execution second appeal by the legal representatives of Dulichand judgment-debtor against an order of the executing court dismissing their application for setting aside an execution sale which was confirmed on appeal by the District Judge, Biksner.

(2.) THE facts relevant for the disposal of this appeal are these. On 24-9-56 a decree for Rs. 9,577-8-0 together with costs and future interest was passed against Duli chand in favour of the decree-holder-respondent. He put this decree into execution on 21-11-58. On 17-11-58 the total amount due against the judgment- debtor under the decree came to Rs. 14,6574-0. It was prayed that the decree be executed by the attachment and sale of a house and! a Nohra belonging to the judgment-debtor situated in village Birasar. These two properties were attached in execution of this decree and were put to sale on 17-5-61. On 12-5-61 the executing court granted permission to the decree-holder to bid under Order 21 rule 72, C. P C. The Sales Amin declared the sale in favour of the decree-holder on 17-5-61 for a sum of Rs. 31,000/ -. The decree-holder did not deposit one-fourth of the purchase money forthwith. Nor did the Sales Amin call upon him to do so. The total amount payable to him on the decree on the date of the sale came to Rs. 16,066. 33. The decree-holder had another decree against the judgment-debtor the amount of which came to Rs. 11,464. 75. on 17-11-58. He applied for the execution of this decree also by the attachment and sale of the same house and Nohra and also prayed for rateable distribution out of the sale proceeds of the first decree mentioned above. The executing court passed an order of rateable distribution on 21-5-60 in his favour. The amount of this second decree on the date of the sale came to Rs, 12,534. 96.

(3.) WHEN the papers relating to the sale were put up before the executing court on 18-5-51 a sum of Rs. 461. 21 was found to be the balance of the purchase money which the decree-holder had to deposit as follows :- <FRM>JUDGEMENT_66_TLRAJ0_1964Html1.htm</FRM> The decree-holder deposited the sum of Rs. 461-21 on the same day. The sale was confirmed after a month and possession was delivered to the decree-holder over the property which was sold to him.