MT MOTI KUER Vs. SMUSMAN

JUDGEMENT

(1.) The question in this appeal is which of three civil court sales of the suit property will prevail.

(2.) The sale under which the plaintiffs-appellants claim took place on 19th January 1940. It W83 set aside on 30 April 1940, under Order 21, Rule 90, Civil P.C., but was restored in appeal by an order of the District Judge dated 2lst April 1941. In the meantime, the other two sales had taken place, on 14 May 1940, in favour of defendant 2, and on 16 April 1941, in favour of, defendant 3. The latter sale was confined to an eight-anna share in the property, and was held in execution of an award of the Registrar of the Co-operative Societies, which was framed as an award to enforce a mortgage.

(3.) After the third execution sale, defendant 3 filed a partition suit impleading defendant 2 as the principal defendant to obtain his share of the suit property. The suit was dismissed and defendant 3 filed an appeal in this Court, First Appeal No. 178 of 1943. This appeal was com-promised between defendant 2 and defendant 3, and on payment of Rs. 3000 to defendant 3 the appeal was dismissed. The money was paid by defendant 5 who had previously purchased the interest of defendant 2 in the property.