NANNU LAL Vs. RAM PYARI BAI
LAWS(MPH)-1997-9-43
HIGH COURT OF MADHYA PRADESH (FROM: GWALIOR)
Decided on September 15,1997

NANNU LAL Appellant
VERSUS
RAM PYARI BAI Respondents




JUDGEMENT

T.S. Doabia, J. - (1.)Petitioner by Mr. K.K.Lahoti, Advocate. Respondents by Mr. R.A. Roman, Advocate. Heard. In pursuance of a money decree there was auction sale of the property described as under :
(i) In the east, the house of Nana Bhaiya; (ii) In the west the house of Nana Bhaiya; (iii) In the north Public Passage; (iv) In the south Public Passage;

(2.)This property was auctioned on 20th of November, 1976. A sale certificate was issued in terms of Order 21. Rule 94. This sale certificate was issued on 13th of September, 1977. Later on. when possession was sought to be taken an objection was taken that the sale certificate is being sought to be executed visa-vis property description whereof were as under :
(i) General passage in the east; (ii) In the West House of Pooran Chand Jain which was built in the year 1976, (iii) In the north public passage and house of Nana Bhaiya; (iv) Public passage;
When the aforementioned objection was raised, an application was filed for amendment of the sale certificate. This sale certificate stand amended. It is against the order passed by the court below by which the sale certificate has been amended is challenged in this revision petition. This order was passed by the trial Court on 6th of September, 1996.
(3.)There is no dispute that in the auction notice, description given were as indicated in para 1 above. Possession is sought to be taken of the property which is described in para 2 above. The learned counsel for the respondent purchaser submits that the certificate could be amended. According to him, the judgment debtor has only one house. He was aware of what is being sold and therefore, he cannot raise any objection.


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