SREEKANT LAL Vs. AJODHYA SINGH

JUDGEMENT

(1.) This is a decree-holder's second appeal from an order of the learned District Judge of Gaya in an execution matter.

(2.) The facts of the case can be shortly stated as follows: In 1936 the decree- holder appellant obtained a decree for arrears of rent for 1340 to 1342 F against the respondents, the amount of the decree being Rs. 309. In the year 1937, the decree-holder, who had been the landlord of the holding in question, parted with his interest in favour of his wife and ceased to be a co-sharer in the village. In October 1937, the decree-holder proceeded to execute his decree for the arrears of rent as a money decree and attached certain zamindari properties of the judgment-debtors and proceeded to put them to sale. On 13 January 1939, the judgment, debtors applied to the Rent Reduction Officer under Section 16, Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act, 1938 (Act 9 of 1938) for reduction of the arrears of rent due from them to the appellant.

(3.) The appellant filed objections, but on 5 June 1939, the Rent Reduction Officer disallowed the objections of the appellant and reduced the rent by 5 annas 4 pies in the rupee. It is to be observed that up to this time no application had been made by the respondents for stay of the execution proceedings which were proceeding. It appears that 21 Jane 1939 was the day fixed for sale; but before this date the judgment-debtor-respondents applied to the Court for a reduction of the decree granted by the Rent Officer and prayed that further execution proceedings should be brought to an end and that the application for execution should be dismissed. By some error the property was put up for sale on 22nd June 1939, before the judgment-debtor's application was considered. The property was bought by the decree-holder. On 3 July 1939, the objections of the judgment- debtors were considered by the Court but were disallowed and the sale was in due course confirmed.