DEOKISHAN Vs. JAGAN NATH

JUDGEMENT

(1.) THIS is a revision application by the auction purchaser against an order of the appellate court setting aside an auction sale. The application has been contested on behalf of the judgment-debtor.

(2.) JAGAN Nath mortgaged a house in favour or Smt. Harkha. A decree was passed in favour of four of her legal representatives including Smt. Mohini, who filed an execution application claiming one-third the decretal amount as her share. The judgment-debtor filed an objection on 22-10-62 in which various allegations were made. This objection was dismissed after a hearing on 1-2-63 and notice under order 21, Rule 66 was issued. Ultimately on 19-10-63 it was ordered that the property be sold on 4th, 5th and 6th December 1963.

(3.) ON 6th December 1963 the judgment debtor moved an application before the executing court stating that the share of the decree holder was one-fourth and praying for the postponement of the sale in order to enable him to make arrangement to obtain money for the payment of the amount due to Smt. Mohini. This application was put up before the Additional Munsif who was incharge on that day as the Munsif had gone to give evidence in some case but he did not postpone the sale. The sale Amin declared the sale in favour of Deo Kishan applicant on 612-68 for Rs. 1850. It may be mentioned here that no allegation was ever made by the judgment debtor that the bid made by Deo Kishan for the house was inadequate. The Sale Amin submitted his report before the Additional Munsif on 712-