M.P. Singh

1. The present petition is directed against an order of Additional Commissioner of Meerut Division Meerut dated 10-8-1988 whereby he has set aside the order of learned S.D.O. and has directed to confirm the auction sale dated 21-8-1986 and to deliver the possession of the land to Karan Singh (respondent no. 3).

2. The opposite party no. 3 has put in appearance. Counter and rejoinder affidavits have been exchanged. On the request of the learned counsel for both the parties, the petition is being disposed of finally at the admission stage.

The brief facts are given below : The petitioner took a loan of Rs. 18000/- from the Union Bank of India and Rs. 20000/- from the Punjab National Bank on 7-8-1973 and 19-5-1971 respectively for purchasing a Tractor. The petitioner committed default in repayment of loan. Both the banks issued recovery certificate. In pursuance of that, the land belonging to the petitioner situated in village Tashipur Mustakam, Tashipur Ahatmal, Rajapur Ahatmal and Rajapur Mustakam were attached and ultimately put to auction on 21-8-86. The respondent no. 3 was the highest bidder.

3. On 25-8-1986 Naib Tehsildar recommended that the auction sale hel