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1968 Supreme(MP) 183

R. J. BHAVE
KASHIRAM AJITSINGH – Appellant
Versus
METAL TRADING CO. – Respondent


Advocates Appeared:
For Appellant : S. N. Shukla
For Respondent: K. K. Adhikari

ORDER – This Second Appeal is by the judgment-debtors whose objection under section 47 of the Code of Civil Procedure has been negatived by both the lower Courts.

2. In execution of a money decree obtained by respondent No. 1 against the appellants certain fields held by the appellants in ‘Bhumiswami rights were attached and sold. Respondent No. 2 is the auction-purchaser thereof. At the time of attachment or sale of the property or even up to the confirmation of the sale, no objection was raised by the appellants that the land was not liable to be attached or sold by reason of the provisions contained in section 165 (7) (a) of the Madhya Pradesh Land Revenue Code, 1959. It appears that when the land was attached, the Code had come into force, but at the time of sale or its confirmation, that objection was available to the appellants. After the sale was confirmed the auction-purchaser moved the Executing Court on 21-12-1965 for delivery of possession. That application was resisted on various grounds by the appellants, but not on the ground that the sale was prohibited under the above said section. The objections preferred by the appellant were rejected by the Executing Court. There

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