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1965 Supreme(MP) 72

T.P.NAIK, SHIV DAYAL
CHHATRADHARILAL GANGARAM SUPEDAR – Appellant
Versus
SHYAMABAI RAMSEWAKLAL AGRAWAL – Respondent


Advocates Appeared:
A.D.Deoras, B.L.SETH

SHIV DAYAL, J.

( 1 ) THIS appeal under Clause 10 of the Letters Patent from the judgment and decree of Pandey J. , affirming those of the executing Court, raises the question whether on sale of land in execution of a decree for realisation of money, the auction-purchaser ipso facto acquires title to the growing crops. The learned Single judge answered it in the affirmative. This is judgment-debtor's appeal. ( 2 ) SMT. Shyamabai had a decree against the appellant Chhatradharilal for recovery of money. In execution of that decree, extensive lands belonging to the judgment-debtor were attached and sold. The decree-holder herself purchased the property for Rs. 30,000/- in Court sale. A sale certificate declaring her to be the purchaser of Khudkasht and sir lands, area 300. 86 acres in village Thelka, was issued. In the sale certificate, khasra numbers together with area of every one of them were specified. It was on an application filed by decree-holder's agent, asserting that the decree-holder was entitled to the growing crops also, that possession of the land alongwith standing crops was delivered to the auction purchaser, without notice to the judgment-debtor. The judgment-debtor th











































































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