MUNSHI RAMKISHUN LAL Vs. SAIYID MUHAMMAD MANZURAL HAQUE

JUDGEMENT

(1.) This is an application on behalf of the petitioners who, having successfully applied under the provisions of Section 174, Bihar Tenancy Act, to have the sale set aside, had an adverse order passed against them under the following circumstances.

(2.) The petitioners purchased in a mortgage execution sale on 20 May 1935 certain holdings belonging to their judgment-debtors and the sale was confirmed on 29 June 1935. In the meantime, on 10 June 1935, the new Bihar Tenancy Amendment Act, came into operation. By virtue of the provisions of Section 26-M the Court is directed notwithstanding the provisions of the Civil P. C., 1908, that it shall not confirm the sale unless the auction purchasers have filed a certain notice and also have deposited for payment to the landlord a certain sum as provided therein. This was not done apparently upon either a mistake of law or upon the view that this provision could not affect the sales which have already been held before the passing of the Act. The sale having been held, as I have stated above, another set of circumstances came into operation.

(3.) On 24 September 1936, the opposite party before me obtained a decree for rent and in execution thereof he sold the same holding on 17 March 1937, and purchased it himself. Thereafter on 12 April 1937, the petitioners before me made an application under Section 174, Bihar Tenancy Act, and offered to make a deposit which was accepted on 23 April 1937 by the Court with the result that the sale was set aside. The opposite party informs me that this order was passed ex parte without any notice to him which was certainly an error in procedure. The landlord opposite party, on 14 May 1937, moved the Court under the provisions of Section 151, Civil P.C., to recall that order of 23 April 1937 setting aside the sale and he induced the learned Munsif to accede to his prayer. The present application is against that order.