NARAYAN VASUDEVACHARYA KATTI Vs. AMGAUDA MALAGAUDA PATIL

JUDGEMENT

(1.) The plaintiff filed this suit to recover from the defendant the sum of Rs. 1,207 which he paid into Court in the following circumstances.

(2.) In Suit No. 347 of 1909 in the Court of the Subordinate Judge at Athni the defendant obtained a mortgage decree against one Shivgouda Deogouda Patil, which directed the recovery of the mortgage amount by sale of the present plaint land. In Darkhast No. 608 of 1914 filed by the present defendant to execute his decree the property was sold. The present plaintiff then paid into Court, under Order XXI, Rule 89, the decretal amount of Rs 1,207 and Rs. 63 being five per cent, of the purchase money for payment to the auction purchaser, before the sale was confirmed, and got the sale set aside.

(3.) The present defendanthen plaintiffwas the auction purchaser. As such auction purchaser the Rs. 63 was paid to him and as decree-holder the Rs. 1,207 were also paid to him.