MUBARAK BEGAM Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THIS is a first appeal in execution proceedings against the order of the Civil judge, Bikaner, dated the 3rd September, 1954, and arises in the following circumstances :-2. On 26th of April, 1953, respondent No. 1, Sushil Kumar, who is a minor, presented an execution application through his next friend and guardian Mt. Gitabai, who is his mother, for execution of a decree dated 12th July, 1951, against the judgment-debtor Zahur Ahmad. The decree was for Rs. 9,525-14-0 and the said amount was to be realised from the sale of the mortgaged property which consisted of a house situated in Mohalla Gusaiyan at Bikaner. This property was put to auction by the sales Amin from 4th January, 1954, to 7th January, 1954. On the last date, i. e. , 7th January, 1954, the highest bid was that of one gopalal Goswami for Rs. 8,500. It was represented to the Court that the bid was low and, therefore, the executing Court ordered the Sales Amin to auction the property again on 8th of January, 1954. On that date also the highest bid was Rs. 8,500 and the bidder deposited l/4th amount of auction price. The judgment-debtor, however, made an application to the Court that the property was very valuable, that the bid was very low and, therefore, it should be got-auctioned again. This request was allowed by the Court with the consent of the decree-holder and the property was again put to auction from 26th May, 1954, to 29th may, 1954. The report of the Sales Amin shows that on all the said four dates, the only bidder was Shrinarain Purohit, Advocate, who is respondent No. 2 in this court. His bid was for Rs. 4,000.

(2.) IT appears from the record of the executing Court that the Sales Amin made a report of the said auction on 29th May, 1954, and it was accepted by the learned judge. It may be mentioned here that the order of the Court accepting the bid is written by a clerk and dated 29th May, 1954. The Presiding Officer did not put any date below his signature and the order-sheet shows that the bid was accepted on 31st May, 1954, the day intervening, i. e. , the 30th of May being a holiday. On the same day the Court fixed 16th of July, 1954, for confirmation of the sale. The order-sheet shows that the auction purchaser deposited Rs. 1,000 on 31st of May, 1954, and the remaining amount of Rs. 3,000 on the 3th of June, 1954.

(3.) IT is common ground between the parties that the judgment-debtor, Shri Zahur ahmad, died on the night between the 4th and 5th June, 1954, i. e. , on the night prior to the day on which Rs. 3,000 were deposited by the auction purchaser.