Judgment

GHULAM HASAN, J. : This appeal brought by the auction purchasers by special leave raises the question of the validity of a sale of certain properties which took place on August 13, 1942. The respondents are the Judgment-debtor and the legal representative of the deceased decree-holder.

2. The decree-holder applied on March 30, 1940 for execution of his decree by sale of 4 lots of property belonging to the Judgment-debtor. The properties were valued at 1,50,000 and were subject to a previous mortgage of Rs. 60,000 existing in favour of the auction-purchasers. It appears that under the terms of the mortgage-deed the mortgagees were entitled to proceed in the first instance against the first 3 lots and against the fourth lot only in the event of a deficiency in sale price to cover the decretal amount. The first 3 lots with which alone we are concerned in the appeal were sold to the mortgagees for Rs. 53,510 on August 13,1942. They were sold free from the encumbrance under the order of the court passed at the instance of the decree-holder and the mortgagees by without notice to the judgment-debtor.

It may however, be noted that on the application of certain third parties their ri