MADAN GOPAL Vs. THAKUR SAMANDAR SINGH

JUDGEMENT

(1.) THIS is a revision against the order of the learned Civil Judge , Jaipur District, dated 6th March, 1955, in execution proceedings.

(2.) MADAN Gopal petitioner held a decree against Thakur Samandar Singh Jagirdar of Badiyal, and in execution of his decree a certain nohra of the judgment-debtor situated at Badiyal came to be sold on 25th January, 1955, for Rs. 951/-, purchased by the decree-holder himself under permission of the court. Before the time for confirmation of sale arrived, one Kesarlal, who also held a decree against Samandar Singh, made an application for rateable distribution of the assets realised by the court. This application was filed on 5th Feb-ruary, 1955. The learned Civil Judge set aside the sale on the ground that the decree-holder, who was also the purchaser had not deposited 25% of the amount of the purchase money when the sale was knocked down in his favour, and also did not pay the balance of the purchase money within 35 days. This order was passed on 5th March, 1955, and is the subject of revision.