JUDGMENT - (1) This appeal raises an interesting question of law namely whether the person who has obtained property on the basis of a contract of sale can maintaina suit against an auction purchaser of the same property. The material facts briefly stated are as follows;

(2) The suit property (i.e survey Nos. 162 and 177) (half share) originally belonged to defendant No. 3 and two others. On 12-4-1949 defendant No. 3 and two others entered into an agreement for selling the said property to the plaintiff for a sum of Rs. 1,600/- Part of the sale price i.e. Rs. 585/- was paid on the date of agrteement and the plaintiff was put inpossession of the property. In the month of May, 1949, defendant No. 2 obtained a decree against defendant No. 3 In execution of the said decree, the land in suit was sold inauction and purchased by Deft. No. 1, Deft. No. 1 started proceedings for recovering possession of the property on the basis of the sale certificate. The plaintiff obstructed the delivery of possession. proceedings were started by the auction purchaser for removing the obtruction under Rule 99 of order 21 of the Code of Civil Procedure. After summary enquiry, the Court came to the conclusi

Click Here to Read the rest of this document