Ram Sarup vs Dalpat Rai - 1920 Supreme(All) 207

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1920 Supreme(All) 207

Ram Sarup – Appellant
Versus
Dalpat Rai – Respondent

JUDGMENT

Sulaiman, J. - This is a plaintiff's appeal arising out of a suit brought by an auction purchaser for recovery of the purchase money paid by him, and taken away by the decree-bolder, as well as for the surplus sale proceeds still in deposit in court, on the ground that the judgment-debtor had no saleable interest in the property sold at all. It appears that Dalpat Rai and Basant Rai, who are now represented by defendants Nos. 2 to 6, held a simple money decree against one Durga Prasad for a sum of Rs. 1,206 and odd. In execution of that decree certain property was attached as belonging to the judgment-debtor and put up for sale and purchased by the present plaintiff appellant. The appellant paid the purchase money and the sale was confirmed on the 27th of July, 1911. One Jawahir Lal brought a suit for a declaration of his own title and for setting aside the sale against the decree-holders, the judgment-debtor and the auction purchaser. This suit was decreed on the 1st of December, 1911. The decree-holders took out part of the sale proceeds deposited in court in satisfaction of their decree, leaving a sum of Rs. 617-12-8 as the surplus sale proceeds. In 1917, the present sui

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