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1963 Supreme(All) 75

K.B.ASTHANA
HIRA LAL – Appellant
Versus
HARI NARAIN – Respondent


Advocates Appeared:
B.L.Gupta, K.L.MISHRA, M.N.SETH, Raja Ram Agarwal, S.K.AGARWAL

K. B. ASTHANA, J.


( 1 ) BY this application an order passed by the learned First Additional Civil Judge of Kanpur dismissing the auction purchasers application under Order XXI, Rule 97 of C. P. Code for delivery of possession of the house purchased, has been brought up for revision. The facts which are necessary for the proper appreciation of the contentions raised by the learned counsel for the parties may be briefly stated.

( 2 ) THE Punjab and Sindh Bank obtained a decree for money against Smt. Narani Devi and one of her sons Shri Narain. In execution of this decree the decree-holder got a big house No. 24/88-A, birhans Road, Kanpur, belonging to Smt. Naraini Devi, one of the judgment debtors, attached. The house attached was put to auction on 4-9-1961 and was purchased by the applicants for a sum of Rs. 1,11,000/ -. The sale was confirmed on 14-1-1962. Smt. Naraini Devi, it appears, filed a revision in the High Court against the confirmation of the sale but failed. Her revision was dismissed by the High Court on 27-3-1962. The house in question was partly tenanted of which possession had already been delivered to auction purchasers and partly occupied by the judgment-debtors Sm






















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