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2001 Supreme(SC) 1064

B.N.AGARWAL, V.N.KHARE
Sikander Khan – Appellant
Versus
Radha Kishan – Respondent


JUDGMENT

V.N.KHARE, J.

(1) ANANDI Lal, the predecessor-in-interest of respondent no.1 is the decree-holder and respondent no.2, Dilawar Khan is the judgment debtor.

(2) THE predecessor-in-interest of the appellants herein purchased the land contained in survey plot nos. 1253 and 1183/1, situate at village Girwar, district Shajapur in the state of Madhya Pradesh. It appears that Anandi Lal obtained a money decree against Dilawar Khan. The decree-holder put the decree in execution. The executing court sent a request to the collector, Shajapur to conduct the sale of the property belonging to the judgment-debtor under section 71 of the Madhya Bharat Land Revenue Code (hereinafter referred to as the Code). It further appears that the collector, Shajapur on receipt of the request from the civil court, issued a sale proclamation for sale of agricultural plots- survey nos. 1253 and 1183/1, which was earlier purchased by the appellant from the judgment-debtor, Dilawar Khan. However, the sale was knocked down on 24/05/1958 in favour of the decree-holder and the said auction sale was confirmed by the collector on 4/08/1958. When the predecessor-in-interest of the a






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