MT INDAR KOER Vs. SAH DHARAM NARAIN

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit for avoiding a decree and an execution sale in pursuance of it and for possession of the property sold at auction. A suit was brought by one Mt. Indar Kunwar and Gur Prasad, the former of whom died during the pendency of this appeal, and Gur Prasad is her heir qua her alleged share in the property. The allegations of the plaintiffs as put forward in the plaint were that defendant 1, Sah Dharam Narain, had by fraud obtained from the revenue Court a decree for arrears of revenue in 1920 against the plaintiffs by adopting secret proceedings as regards the service of summons and preventing the knowledge of the suit from reaching the plaintiffs; and that subsequently he got the decree executed and 5 biswa share in mauza Sharifabad sold at auction in a fraudulent and collusive proceeding of which knowledge was withheld from the plaintiffs. It was further asserted that the real purchaser was defendant 1 himself, although the property was knocked down in the name of defendant 2, Chandar Bhan.

(2.) Defendant 1 denied all allegations of fraud and also denied that he himself was the purchaser. It was further pleaded that the sale had taken place in execution of more than one decree and that the other decree-holder had not been impleaded. It was also urged that the suit was not maintainable, Similarly defendant 2 pleaded that the suit was not maintainable and also denied all allegations of fraud. He also asserted that he himself was the real purchaser and that another decree-holder had not been impleaded in the suit which was accordingly defective.

(3.) The learned Subordinate Judge has found that the allegations of the plaintiffs as regards any fraud in obtaining the decree or the auction sale has not been established, and has accordingly dismissed the suit. The plaintiffs have appealed to this Court and challenge that finding.