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1996 Supreme(SC) 1311

Balram Son Of Bhasa Ram – Appellant
Versus
Ilam Singh – Respondent


JUDGMENT

J.S. Verma, J.-The appellant obtained a money decree against respondent No. 1 on 25.12.1982. On 02.01.1983 the appellant filed an application for execution of the decree by recovery of the amount of Rs. 17,892/-. The appellant applied for recovery of the decretal amount by sale of a large tract of agricultural land of the respondent No. 1, the value of which shown by the appellant was Rs. 73,000/- in 1976. The auction was held on 10.12.1984. The appellant bid at that auction with the permission of the Court. The appellant s bid was for the amount of Rs. 23,500/-. On 12.12.1984 the bid of the appellant was accepted. The appellant did not make any deposit on the date of auction and claimed adjustment of the decretal amount against the sale price. Admittedly, there was a shortfall in the sale price, even after the decretal amount was set off and the deposit made by the appellant within the time allowed was taken into account. After expiry of the period prescribed for payment of the full sale price, on 19.4.1985 the appellant deposited Rs. 3,727.25 which fell short towards the sale price of Rs. 23,500/-. On 18.9.1985 the executing court accepted this amount of Rs. 3,727.25,















































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