VISHVANATH DHONDIRAJ GAYADHANI Vs. PANDHARINATH GANESH

JUDGEMENT

(1.) This suit relates to a property, which originally belonged to one Vasantpuri, and was sold by auction in Darkhast No. 565 of 1908 of the Nasik Court. Defendant No. 1 was the certified purchaser. The plaintiff now claims to be the owner of half, saying that Defendant No. 1 purchased it at the auction for plaintiff and Defendant No. 1, on plaintiff's supplying half the amount needed for the purchase and further expenses. The Judge said: I believe that the plaintiff actually paid the amounts which he says he paid for the purchase and possession of the house. I believe Exhibits 43 and 44 when they say that the plaintiff and Defendant No. 1 had agreed to purchase the house jointly in their presence. I would have answered the second issue whether the plaintiff proved that he owned half share in the house, in the affirmative had I held this suit tenable.

(2.) But the Judge was of opinion that the suit was not tenable on account of the provisions of Section 66 of the Civil Procedure Code.

(3.) Clause (1) runs as follows: No suit shall be maintained against any person; claiming title under a purchase certified by the Court in such manner as may be prescribed on the ground that the purchase was made on behalf of the plaintiff or on behalf of some one through whom the plaintiff claims.