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1956 Supreme(All) 209

DESAI, BEG
HARI KISHAN – Appellant
Versus
RADHA KISHAN – Respondent


Advocates Appeared:
H.N.SETH, P.C.GUPTA

DESAI, J.

( 1 ) THIS is an appeal by a judgment-debtor against an order passed by the executing Court delivering possession over the property purchased by the respondents in auction sale in 1941. The sale was confirmed on 21-8-1941 after they had deposited the auction price amounting to more than Rs. 10,000/ -. The assistance that the appellant has received from one Court after another in keeping the respondents out of possession of the property, to which they became entitled on payment of the price in 1941, is simply scandalous. The appellant had not suffered any harm by the auction-purchase and was entitled to no redress. Court after court on a vain attempt to do justice to him has in fact heaped injustice upon injustice upon the respondents. The question before the executing Court was whether the respondents were entitled to be put in possession of the property under Order 21, Rule 95, after more than 12 years of the auction-purchase. It was decided in favour of the auction-purchasers and the judgment-debtor has come up in appeal.

( 2 ) THERE is a preliminary objection on behalf of the auction-purchasers-respondents, who contend that the appeal is not maintainable, because the o





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