VITHOBA CHIMANJI BANGDE Vs. MAHADEO KESHEORAO MEGHE

JUDGEMENT

(1.) BETWEEN 1938-1941, Ganpati, the land, lord, obtained against Mt. Savitri three rent decrees amounting to a total of Rs. 364-0-6 in respect of an occupancy field No. 380/2 of patti B of mauza Paunar. In execution of these decrees the aforesaid field was put to auction on 28th May 1945 for Rs. 650 and it was purchased by Vithoba auction-purchaser, (applicant 1).

(2.) ON 20th June 1945 the present non-applicants 1 and 2 deposited the decretal amount, 5 per cent, of the sale proceeds as compensation to the purchaser, and applied that the auction sale held on 28th May 1945 should be set aside. In that application they pointed out that they are the recorded tenants of the field sold and were also in its possession for several' years and that they, therefore, had sufficient interest to entitle them to apply under Order 21, Rule 89, Civil P.C.

(3.) THE non-applicants 1 and 2, then appealed to the Court of the Additional District Judge, Wardha, and the learned appellate Judge in his order under revision held that the appellants were in possession of this field for several years in the past and this in itself is sufficient interest, within the meaning of Order 21, Rule 89, Civil P.C., as now amended, to entitle the applicants to deposit the amount and to apply for setting aside the sale. The appeal was consequently allowed. The auction-purchaser and the decree, holder have jointly filed this revision against the aforesaid order of the appellate Court.