GUMAN MAL LODHA, J. - (1.) THIS is a civil second appeal against the judgment & decree dated the 27th March, 1974 passed by the learned Additional District Judge, Gangapur City dismissing the appeal.
(2.) THE plaintiff filed a suit for claiming the title on the basis of the mortgage deed (Fx. 1) executed by Moola.
(3.) THE defendant No. 2 Kaluram and defendant No. 3 Ram Swaroop had a decree of Debt Relief Court against Moola defendant No. 1. In satisfaction of that decree the property in dispute was auctioned by the court on 8.11.1969 and sold to the defendant No. 4 Murari for Rs. 600/ -, and this auction was confirmed by it on 17. 1. 1970. The plaintiff came to the knowledge of the fact of auction in February, 1970, and filed civil suit for declaration and permanent injunction. The plaintiff further prayed that he cannot be ejected from the house, till the mortgage amount is paid.;