JUDGMENT

Tek Chand, J. - Kundan Lal, respondent 4, to whom a certain sum of money was due by Kishen Gir, deceased, Gosain of Mauza Jodhka in Sirsa Tahsil of the Hissar District, obtained a money decree against Kishen Gir's five sons, two of whom were majors and the other three were minors. The amount of the decree together with costs was Rs. 1561-14-0 which was recoverable only from the estate of the deceased. On the decree-holder's application, 539 bighas of land belonging to the deceased was attached and a proclamation for sale was issued, it being specifically provided that only so much of the land was to be sold as was sufficient to discharge the decretal amount.

2. On 17th July 1925 Mani Gir, Kanwal Gir and Bhur Gir, the three minor sons of Kishen Gir deceased, filed an application in the executing Court objecting to the attachment of the aforesaid property on the ground that they were governed by agricultural custom, that the land was ancestral, that the debts for, the payment of which the decree had been passed had not been raised for necessity and were, in any case tainted with immorality. Before these objections could be disposed of the auction was held on 18th July 1925, and the bid for Rs. 16,000 by Khan Sahib Yakin-ud-Din, respondent 3, for the entire land was accepted. The Sub Divisional Officer, Sirsa, who conducted the sale, noted that a number of persons were present at the auction but Yakin-ud-Din was the only bidder. He also recorded that Hazari Gir and his party were present and had protested that the price offered was too low and had requested that the land be resold at Sirsa, or in the alternative, the judgment-debtors be allowed to effect a private sale with a view to raise the 'requisite money to pay off the decretal amount. There is also a note that the auction-purchaser had not paid 25 per cent of the sale price on the day on which the auction had taken place and that he had been asked to deposit the amount in the treasury on 20th July.

3. On 20th Hazari Gir judgment-debtor appeared before the Sub-Divisional Officer and actually produced the entire decretal amount Rs. 1,561-14-0 in cash and prayed that "the sale proceedings be stayed." On the same day the auction-purchaser Yakin-ud-Din also appeared with 25 per cent of the sale price. He was allowed by the Sub-Divisional Officer to deposit the amount into the treasury, but the judgment-debtors were directed to make their submissions to the executing Court, the Senior Subordinate Judge of Hissar.

4. On 21st July 1925, the judgment-debtors, Hazari Gir and Jugal Gir, filed an application in the executing Court alleging a number of irregularities in publishing and conducting the sale. This application is headed

In re execution case Kundan Lal, decree-holder v. Hazari Gir and others, judgment-debtors.

5. It may be noted that the auction-purchaser was not specifically mentioned as a party to these proceedings. The Court directed that this application should come up for disposal together with the report of the auctioneer on 24th July 1925. On that date the judgment-debtors produced in the executing Court a receipt purporting to have been executed by the decree-holder on 22nd July 1925 and to have been verified before the Tahsildar of Bhiwani, reciting that he had received the entire decretal amount from the judgment-debtors and that nothing more was due to him. The Court directed this receipt to be placed on the record and passed an order that as the auction-purchaser was not present, proceedings would be ex parte against him. An issue was struck as to whether there had been irregularities in publishing and conducting the sale which had caused any substantial loss to the judgment-debtors, and the hearing was adjourned to 18th August 1925, for evidence. In the meantime the auction-purchaser paid the remaining three-fourths of the sale price on 5th August 1925. On 18th August 1925, when the case came up for hearing before the Court the auction-purchaser appeared thro