CHAUDHRI GULAB SINGH Vs. RAGHUBIR SARAN

JUDGEMENT

(1.) This is an appeal by the decree-holder and is directed against an order of the learned Subordinate Judge of Moradabad, dated 9 May 1931, refusing to set aside an auction sale on the petition of the decree-holder under Order 21, Rule 90, Civil P.C.

(2.) Gulab Singh held a decree against Rup Basant Singh and others in enforcement of a mortgage, dated 18 August 1923. In execution of this decree, the zamindari property of the judgment-debtors was advertised for sale and 21st July was fixed for sale. On that date, the officer conducting the sale had no time to, put up this property to sale. He continued the sale on 22 July, 1930 and the property was knocked down to Raghubir Saran for Rs. 2,700. Gulab Singh made an application for setting aside this, sale on the ground that there was material irregularity in publishing and conducting the sale and that the property had been sold for a grossly inadequate value. The lower Court repelled these contentions of Gulab Singh and dismissed the application; hence this appeal.

(3.) Under Order 21, Rule 90, Civil P.C., three, points have got to be determined : (1) whether there has been a material irregularity in publishing and conducting the sale, (2) whether the property has bean sold for an unreasonably low price; and (3) whether the injury to the judgment debtor or the decree-holder has resulted in consequence of the material irregularity.