SRI NARAYAN SINGH Vs. POSAN SINGH

JUDGEMENT

(1.) The appellants (of whom Nos. 2 and 3 are minors), in execution of a mortgage decree obtained by them against the respondents for about Rs. 2577, purchased the mortgaged property on 19 April 1938 for Rs. 1175. On 18 May 1938 the respondents-judgment-debtors made an application under Order 21, Rule 90, Civil P.C., for setting Aside the sale.

(2.) In the proceeding under Order 21, Rule 90, the parties filed a compromise petition on 12 November 1938, which was accepted by the Court. The compromise provided that if the judgment-debtors paid the decretal dues amounting to Rupees 2,577-6-6, besides future interest at 6 per cent, per annum, to the decree-holders by 30 Baisakh 1347 Fasli, 21 May 1940, the sale would be set aside and that, otherwise, the sale would stand. On this compromise the Court passed the following order on the game day: The compromise be recorded and the sale be confirmed and the execution case dismissed on full satisfaction subject to the condition that if the sum of Rs. 2,577-15-6 will be paid to the decree-holders auction purchasers by 30 Baisakh 1347, the sale would be set aside.

(3.) On 18 May 1940, the judgment-debtors filed an application under Order 21, Rule 2, Civil P.C., stating that on 30 April 1940, they executed a sale deed for Rs. 2900 in favour of the decree-holders with their consent in full satisfaction of the decree. They, accordingly, prayed that the sale might be set aside in terms of the compromise order, dated 12 November 1938. The decree-holders resisted this application on the grounds that it was not maintainable under Order 21, Rule 2 and that they had no knowledge of the sale deed.