THANSINGH TIKARAM POWER Vs. BHAULAL LODHI

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff whose suit for declaration was decreed by the trial Court but dismissed by the Court of First Appeal.

(2.) THE plaintiff purchased 3 annas, malguzari share in patti No. 3 of mouza Lalpur belonging to the defendants in the sale held by the Surf-Divisional Officer, Waraseoni, on 2oth April in execution of the decree in Civil suit No. 2 of 1939 of the Court of the Sub-Judge, First Class, Balaghat, which was transferred by that Court for execution is foe Collector in pursuance of the notification issued by the Provincial Government under Section 68, Civil P.C. This sale was confirmed on 10-6-1940. Before this sale was held the defendants bad filed an" application on 18-1-1940 before the Debt Relief Court for determination of their debts and framing a scheme for repayment. On that very day, the presiding officer of the Debt Belief Court passed an order directing that notice be issued to the Sub-Divisional Officer, Waraseoni, for staying the proceedings in execution pending before him.

(3.) THE plaintiff therefore brought the suit out of which this second appeal has arisen for a declaration that the order passed by the Financial Commissioner was invalid and without jurisdiction and did not affect his right, title, and interest to the 3 annas village share purchased by him at the auction sale. Though the trial Court granted to the plaintiff the declaration prayed for the District Judge, Chhindwara, has set aside that decree in appeal and dismissed the plaintiff's suit holding that the order passed by the Financial Commissioner is final and that the civil Courts have no jurisdiction to interfere with it; and that is the question for decision in this second appeal.