Judgment

GAJENDRAGADKAR, C.J.I. : This appeal arises out of an application made by respondent No. 1. Smt. Mukand Kanwar, challenging the validity of an auction sale held on the 14th May, 1954 in execution of a money decree passed in favour of Ratan Lal Dani, Secretary, Hindu Charitable Aushdhalya, Ajmer, respondent No. 2, and against Umrao Mal, respondent No. 3. The property sold at the auction sale is "old Daikhana" at Ajmer. On the 24th June, 1950, Umrao Mal who was the owner of the property, mortgaged it to the appellant Laxmi Devi. Later, respondent No. 2 obtained a money decree against respondent No. 3 for a large amount, and in execution of this money decree he brought the property in question to sale. Auction sale was accordingly held on the 14th May, 1954, and the appellant purchased the property subject to the pre-existing mortgage in her favour. The amount due under the mortgage was Rs. 33,264/. and as auction purchaser, the appellant paid Rupees 2,800/- whereby she purchased the equity of redemption vesting in respondent No. 3, the judgment debtor. It is the validity of this sale that is challenged in the present proceedings.

2. Long before the mortgage was executed, respo