JAGDISH MANI TRIPATHI Vs. BRAJ BHOOSHAN TIWARI

JUDGEMENT

(1.) This is a plaintiff's second appeal, arising from a suit for cancellation of sale deed.

(2.) The facts giving rise to this appeal, according to the plaintiff's case, are these :

(3.) The attachment and sale were both objected to by Jagdish Mani Tripathi, but his objections did not succeed. The auction sale was held and proceedings for delivery of possession to the auction purchaser were concluded. Jagdish Mani challenged the entire proceedings of the auction sale as materially irregular, asking them to be set aside through Original Suit No. 404 of 1980, that he instituted before the Court of Munsif, Court No. 8, Deoria. In the said suit, on 14/10/1983, a compromise was recorded between Jagdish Mani, the plaintiff of the suit and Smt. Kailash Pati, the defendant there. In terms of the said compromise, a decree was passed, embodying the following terms :