G.B.PATTANAIK, G.N.RAY
Tasaddug Hussain Khan – Appellant
Versus
Shiv Nath Sahu – Respondent
Order
This appeal is directed against the order passed by the Allahabad High Court on April 17, 1980 in Second Appeal No. 2269/1968 being connected with Second Appeal No. 2270/1968. By the impugned judgment, the High Court disposed of the Second Appeal and the cross objection filed by the parties, inter alia, holding that the judgment-debtors respondents were entitled for the restitution of possession of the property purchased by the appellant in auction in execution proceeding and also for a sum of Rs. 20,309/- from the auction purchaser-appellant by way of damages and mesne profits subject to payment of Rs. 8,000/- by the said judgment-debtors to the auction purchaser.
2. It may be stated here that the appellant purchased the property belonging to the predecessor-in-interest of the judgment-debtors in auction in execution of money decree passed against the judgment-debtors. After such auction purchase, the property was again put to auction in execution of the another money decree obtained by a different decree holder and the judgment-debtor in order to save the property had put the decretal amount in order to avoid further sale in execution of the said decree. An application for
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.