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1990 Supreme(HP) 59

D.P.SOOD
SATYA DEVI – Appellant
Versus
UNITED COMMERCIAL BANK – Respondent


Advocates Appeared:
For the appellant(s)/petitioner(s):Mr. K. D. Sood, Advocate for the decree:holder. For the respondent(s):Mr. G. D. Verma, Advocate for the judgment:debtor. Mr. Bhupinder Gupta, Advocate for the auction: purchaser.

JUDGMENT

D. P. Sood, J.—The objectors are the judgment-debtors. They have approached this Court through this application under Order 21, Rule 90 read with section 151, C. P. C. for setting aside the sale and thereafter to hold the auction afresh of the land in dispute.

2. The land in question measuring 30 bighas 10 biswas is a revenue paying land and forms part of Khasra No. 304 located at Mauja Sua, Tehsil Arki, District Solan. The judgment-debtors had consented to the sale of 31 bighas 16 biswas of land standing in the name of Smt. Satya Devi in the revenue record. The major portion thereof is classified as "barani doem". About 13 bighas of land is "ghasani". There is "gair-mumkin-abadi" to the extent of 1 bigha 6 biswas whereupon the residential house of the judgment-debtor is standing. The quinquennial sale price statement as placed on the record indicated the rate as Rs. 639 per bigha. Thus, in that view of the matter and keeping in view the trend of the latest price, the upset price of the land referred to above had been quantified in the sum of Rs. 50,000. Consequent to the issuance of proclamation, the sale was effected on May 16, 1990 at the spot.

3. A bare perusal of the a



































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