Judgement

J. L. KAPUR, J. (with him S. JAFER IMAM, J.) : This is an appeal against the judgment and decree of the High Court of Bombay varying the decree of the trial Court decreeing the plaintiff s suit for possession by partition of joint family property.

2. The facts of the case lie in a narrow compass, M. B. Jakati defendant 1 was the Managing Director of Dharwar Urban Cooperative Bank Limited which went into liquidation, and in that capacity he was receiving a yearly remuneration of Rs. 1,000. As a result of certain proceedings taken against defendant 1, M. B. Jakati, by the liquidator of the Bank, a payment order for Rs. 15,100 was made by the Deputy Registrar of Co-operative Societies on 21st April 1942. In execution of this payment order a bungalow belonging to M. B, Jakati defendant 1 was attached by the Collector under the Bombay Land Revenue Code on 27th July 1942. Notice for sale was issued on 24th November 1942, and the proclamation on 24th December 1942. The sale was fixed for 2nd February 1943. On 16th January 1943, M. B. Jakati defendant 1 applied for postponing the sale which was rejected. The auction sale was held on 2nd February 1943, and was confirmed on 23rd June