MALIK, GURTU
Hira Lal – Appellant
Versus
Champa – Respondent
MALIK, CJ.:- This case has had a chequered history. One Badri Prasad had obtained a decree against Smt. Champa, Ram Kishen and Gaya Prasad. Gaya Prasad being a lunatic and Ram Kishen being a minor, they were sued under the guardianship of Smt. Champa, wife of Gaya Prasad. The suit was decreed and in execution of the decree, a house fetching a rent of Rs.25/- per mensem was sold at auction on 28-8-1940. The highest bid of Rs.2,425/- was of the appellants, Hira Lal and two others. The property was sold through a firm of auctioneers and not through the court Amin. The auction-purchasers deposited 25 per cent. on the amount of the purchase-money with the auctioneers appointed by the court. On 11-9-1940, they gave a cheque for the balance to the same auctioneers. The auctioneers, however, did not deposit the amount in court till 14-9-1940. On 5-9-1940, the judgment-debtors filed certain objections under O.21, R.90, Civil P.C. It was alleged that the property had been sold for a grossly inadequate price and the house was worth at least Rs.12,000/- to Rs.15,000/-.
It was also alleged that there were other irregularities in the publication and the conduct of the sale. These objecti
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