CHANDAN SINGH Vs. RAMDENI SINGH

JUDGEMENT

(1.) The plaintiff-respondent obtained a decree for rent against the defendants-appellants on the 6 December, 1901. The defendants unsuccessfully questioned in the first Court the rate of rent on the basis of which the plaintiff had t laid his claim and they preferred an appeal which was decided in their favour on the 2nd June, 1902. In the meantime and before the decision of the Appellate Court, the plaintiff brought the holding to sale in execution of his decree. The sale took place on the 14 March 1902 and it was confirmed on the 22nd April, The plaintiff afterwards took possession of the property purchased by him. Thereafter an application was made, by the defendants under Section 244 of the Civil P. C. to have the sale set aside.

(2.) Their main contention was that the decree under which the sale had taken place had been practically reversed and that they were entitled to have the sale set aside on that ground.

(3.) The Munsif gave effect to their contention and held, relying on the cases of Sadasivayyar V/s. Muttu Sabapathi Chetti (1881) I.L.R. 5 Mad. 106 and Set Umenmal V/s. Srinath Ray (1900) I.L.R. 27 Calc. 810, that the sale could not stand.