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1953 Supreme(Raj) 154

WANCHOO, DAVE
Mst. Chanda – Appellant
Versus
Mst. Billam Kanwar – Respondent


Advocates Appeared:
Shrikishenmal, for Appellants; Sohan Nath, for Respondent

DAVE, J.—This is an appeal by the judgment-debtor against the order of the District Judge, Jodhpur, dated the 4th of October, 1951.

2. The respondent decree-holder Mst. Billam Kunwar obtained against the judgment-debtor appellant a preliminary decree on the 13th November, 1949, and the final decree on the 13th March, 1950, for sale of the mortgaged property. The decree-holder then presented an application for execution of the decree". The sale proclamation was first made on 25th November, 1950. The property was auctioned for several days in the month of January, 1951 but the sale could not be finalised. It was again put to auction on the 10th, 11th and 12th March, 1951. On the 13th March, 1951, the judgment-debtor presented an application to the effect that the property which was mentioned in the sale proclamation was different from the one stated in the mortgage-deed, that instead of selling the property as described in the mortgage-deed the Amin of the court was, at the instance of the decree-holder, selling away another house of a totally different description which was in the possession of the judgment-debtor and, therefore, he should be directed not to sell that house. The exec


















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