Bapna - (1.) THIS is a revision by decree holder in proceedings for recovery of poundage.
(2.) THE petitioner Mathuralal had a decree against Kaniram, Liluram, Magilal, and Ramratan Khatiks of Bhilwara. It was put in execution on 27th October, 1952 and the learned Civil Judge directed sale of house property by judgment-debtors by a warrant dated 3rd July, 1953 for recovery of Rs. 1471/14/3. It was mentioned that the house was under mortgage with the plaintiff-decree-holder for a sum of Rs. 5200/-. THE house was sold in auction on 7th July, 1953 and 'the bid of one Sitaram was for Rs, 7031/-. THE auction purchaser Sitaram deposited a quarter of the purchase money, namely, Rs. 1752-12 in court on the same day. THE decree-holder, however, intimated to the court on 6th August, 1953 that the judgment-debtor had increased the amount of the burden of the previous mortgage by the decretal amount and in this manner his decree had been satisfied. It was mentioned that Sitaram, auction purchaser, was also willing to fore go the 5 pet cent profit permissible to him and that the sale may be set aside after entering full satisfaction of the decree. Sitaram also gave statement that he had no objection to the sale being set aside. THE learned Civil Judge accordingly entered satisfaction of the decree and set aside the sale and further directed that the amount of the sale money deposited by the purchaser may be refunded to him. THE purchaser had deposited Rs. 1831/- in ail in the court,the balance of Rs. 5200/- being the amount which was to be paid to the mortgagee. When the case was sent to the records it was reported by the Record Keeper that the poundage should be recovered in the case. Notice was given to the parties and thereafter the learned Civil Judge passed an order on 23rd December, 1954 that Rs. 438/6/- be recovered from the decree-holder as poundage money. Aggrieved by this order the decree-holder has come in revision. Notice was given to the Government Advocate. A bare narration of the facts makes it clear that whatever poundage is leviable, it can be recovered from the judgment-debtor. Rule 309 provides for recovery of poun-dage and the relevant portion of the rule is as follows : - "When a sale of immovable property is set aside under O. 21, R. 89 fees due byway of poundage shall be payable by the judgment debtor." The learned Civil Judge was in error when he said that such poundage were usually recovered from the decree holder. The revision is accordingly allowed, the order of the learned Civil Judge dated 24th December, 1954 is set aside, the petitioner decree-holder is not liable to pay the poundage charges. The learned Civil Judge should how give the notice to the judgment-debtor and after hearing his objections, pass orders according to law.;