KARAMALI MOLLA Vs. TAMIJUDDIN MOLLA

JUDGEMENT

(1.) We think that the objection raised on behalf of the respondent that, in this case, there is no second appeal to this Court, must prevail.

(2.) We have been asked to treat the appeal as an application under Section 115, Civil Procedure Code, We do not think that this is a case in v. this Court should exercise its powers of revision, assuming that the orders of the lower Court are erroneous.

(3.) The application to set aside the sale was made on deposit of the amount within 30 days" from the data of the sale. The amount deposited fell short by a few rupees of the amount of compensation due to the purchaser. This has, been found by both Courts to have been due to a mistake on the part of the Sheristadar who gave information to the petitioner, apparently according to the practice prevailing in that Court,, and also due to his mistake in checking the, Chalan. As soon as the mistake was found out, the deficit amount was deposited by the applicant. The property is said to be worth Rs. 4,000 and was purchased for Rs. 213.