JUDGMENT

Deepak Verma, J.

1. Leave granted.

2. For the sake of convenience, facts have been taken from the appeal arising out of S.L.P.(C)No.20515 of 2005.

3. Appellant was an auction purchaser of a truck bearing registration No. UP I-4775, put to an auction sale, on account of default in payment of instalments committed by its previous owner Iqbal, having taken loan from Union Bank of India under “Self Employment Scheme”. Recovery Certificate was issued to the Collector, Sultanpur (U.P.) by the said bank. The auction was held in the Tehsil Compound, Sultanpur, on 19.8.1999. The appellant’s bid for a sum of Rs. 70,000/- being the highest, was knocked down in his favour and accepted by respondent No. 1.

4. As per the terms and conditions of the auction, appellant deposited a sum of Rs. 20,000/-, as soon as the bid was knocked down in his favour. Since no objection was received against the said auction sale, the appellant deposited balance amount of Rs. 50,000/- on 20.8.1999.

5. On 19.9.1999, the said auction was confirmed, since no objections were received much less, from the previous owner Iqbal. Thus, it was treated to be a final sale in favour of the appellant.

6. Obviously, after