ORDER

R.C. Lahoti, J.-The relevant facts are jejune and beyond any pale of controversy. Late Bhagwati Prasad owned a house property described as D-53/91-D, Luxa, Varanasi (hereinafter referred to as the house property). He had four sons - namely, P, S, R and K. Under his Will of the year 1962, probated in the year 1965, the house property devolved upon his four sons. The elder two sons - P and S, had entered into a partnership known as M/s. United Provinces Commercial Corporation, Luxa, Varanasi (UPCC, for short) dealing in import and sale of heavy machinery and road rollers. The labour troubles resulted in the firm s business collapsing in the year 1967. The partners left Varanasi and migrated elsewhere. In the year 1972, income-tax assessments of the firm UPCC were finalised for the assessment years 1967-1968 to 1969-1970. Recovery certificates were issued in 1973-1974 pursuant whereto the house property was attached. On 3.12.1979 a proclamation for sale of the property was issued setting out a demand of Rs. 30,82,000/- and upset price at Rs. 1,70,000/-. On 11.1.1980, at the public auction, respondent No. 3 made a bid proposing to purchase the property for Rs. 1,70,000/- (which wa