ISHAR DAS Vs. ASAF ALI KHAN

JUDGEMENT

(1.) This appeal arises out of a sale of immovable property in execution of a decree. The property was sold on the 21st of August, 1910.

(2.) On the 20th of September, 1910, the Judgment-debtor, who is the respondent in this appeal, paid into the Treasury the amount which was necessary under Order XXI, Rule 89, to enable him to have the sale set aside. On this date the court was closed and it did not re-open until the 5th of October, 1910.

(3.) It is an admitted fact that subsequently to the auction sale and prior to the 20th of September, 1910, the Judgment-debtor transferred by sale all his interest in the property to a third party, so that on the latter date he could no longer be said to be the owner of the property. On the 5th of October, he applied to the court to set aside the sale under Order XXI, Rule 89.