Citation : 2023 Latest Caselaw 8462 MP
Judgement Date : 13 June, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
FIRST APPEAL No. 634 of 1999
BETWEEN:-
INDRAJEET SINGH, S/O SHRI BHANWAR
SINGH, AGED ABOUT 51 YEARS, R/O E-4/136,
ARERA COLONY, BHOPAL (MADHYA
PRADESH).
.....APPELLANT
(BY SHRI AJAY KUMAR OJHA - ADVOCATE)
AND
1. STATE OF MADHYA PRADESH, THROUGH
THE COLLECTOR BHOPAL, DISTRICT
BHOPAL (MADHYA PRADESH).
2. NAZUL OFFICER, RAJDHANI PARIYOJNA
JAWAHAR CHOWK, NORTH T.T NAGAR,
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MUKUND AGRAWAL - GOVERNMENT ADVOCATE)
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Reserved on : 10-05-2023
Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 6/13/2023
4:42:46 PM
2
Pronounced on : 13-06-2023
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This appeal having been heard and reserved for order, coming on for
pronouncement this day, the court pronounced the following:
JUDGMENT
By this first appeal under Section 96 of Code of Civil Procedure, the appellant has challenged the impugned judgment and decree dated 27.07.1999 passed by the District Judge, Bhopal in Civil Suit No. 2-A/1996, whereby learned trial Court dismissed the suit of the plaintiff and directing the defendants to refund Rs.3,310/- with interest @ 12% to the plaintiff till its realization.
2. The facts in brief culled out from the record and relevant for the purpose are that a notification to sell the subject land was issued on 28.01.1969 by the Nazul Officer, Bhopal for auction of certain plots situated in private sector E/2, E/3, E/4 and E/5 in Tatya Tope Nagar, near Habibganj, Bhopal town to be held on 26th, 27th and 28th February, 1969 at 11 A.M. Several plots located in various sectors referred to above were put to auction as scheduled. The plaintiff was declared as the highest bidder quoting price of Rs.33,100/- for plot No.15 in Sector E-2, Arera Colony Bhopal in the auction held on 26.02.1969. Pursuant thereto, 1/10th of the bid amount i.e. Rs.3,310/- was deposited by the appellant with the respondent authorities on 26.02.1969 at the spot subject to its confirmation. The balance amount was to be deposited within 30 days of the communication of the acceptance of bid. The plaintiff was always ready and willing to deposit the balance amount and made several queries from the
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
respondent authorities; but nothing was done, for almost 8 years. Ultimately the Collector Bhopal instead of confirming the sale in favour of the plaintiff ordered for re-auction of the plot in question without even bothering to communicate the decision to the plaintiff.
3. The plaintiff on coming to know of the said decision of the Collector Bhopal made a representation to the Commissioner, Bhopal Division Bhopal, which was registered as Representation No.222/77-78 and was allowed vide order dated 03.11.1979, whereby the order of the Collector Bhopal regarding re- auctioning of plot was set-aside and the case was remanded to him for fresh disposal with certain observations. However, no orders were passed by the Collector, Bhopal in pursuance to the said remand order and another sale notice was published in Nav Bharat newspaper dated 07.01.1996 for re-auction of the plot in question with wide publication to fetch the maximum price.
4. Several successful bidders in respect of other plots auctioned in pursuance to the same sale notice in February 1969 and whose highest bids were similarly not confirmed by the Collector Bhopal also represented to Commissioner Bhopal Division Bhopal, but they were rejected vide order dated 12.05.1975. Against the order of the Commissioner dated 12.05.1975 a representation was made to the State Government on behalf of Shri S.K. Bhatia, Shri Hari Singh, Shri Rewachand, Smt. Shakuntala Verma, Shri Gopi Krishan and Shri S.K. Narang, which was allowed vide order dated 27.04.1977 and action of the Collector Bhopal and Commissioner Bhopal Division was set-aside. In the said order it was directed that all those persons who were highest bidders and had deposited 1/10th of the bid amount should be given the lease of the respective
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
auctioned plot after confirming the sale. Their auction was accordingly confirmed and they were granted lease of the respective plots.
5. The plaintiff on coming to know of the auction notice published in Nav Bharat dated 07.01.1996 for re-auction of the plot in question, filed a Civil Suit before the District Judge, Bhopal for declaration, perpetual injunction and for specific performance in regard to plot No.15 in E-2 Arera Colony, Bhopal, which was registered as C.S.No.2-A/1996. Plaintiff examined P.W.-1 Dinesh Kumar Bajpai, P.W-2 K.K. Jaiswal, P.W.-3, R. S. Tiwary, P.W-4 Mujjaffar Hussain and himself in support of his case. He also produced the order of the Commissioner Bhopal dated 03.11.1979 and filed copy of the order of the State Government dated 27.04.1977 directing grant of lease to S.K. Bhatia and others besides other documents. Notices were also issued to under Secretary Bhu Parimap & Bandhobast Revenue Department, Bhopal twice for production of original records relating to the order dated 27.04.1977 of the State Government in favour of S.K. Bhatia & Others, but no records were produced in spite of service of summons. The defendants examined only one witness D.W-1 Mujibur Rahman Khan, Nazul Officer Rajdhani Pariyojna Bhopal, who avoided to assert anything on the plea of non availability of record.
6. The trial Court on the basis of the pleadings of the parties, framed as many as eight issues, recorded the evidence of the parties and vide judgment and decree dated 27/07/1999 dismissed the suit of the plaintiff with the direction to refund the deposited amount of Rs.3,310/- with interest @ 12%. Being aggrieved by the impugned judgment and decree, the plaintiff has preferred instant appeal before this Court.
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
7. Learned counsel for the appellant - plaintiff averred that learned trial Court failed to appreciate that the Collector Bhopal acted illegally in ordering re-auction without deciding the case in terms of the remand order of the Commissioner, Bhopal Division dated 03.11.1979 in Representation Case No.222/77-78. The action of the Collector Bhopal in the matter was most injudicious, arbitrary, illegal and contrary to the settled judicial norms. The learned lower Court instead of ordering very serious action against the Collector Bhopal for judicial impropriety; left the matter untouched. It is also submitted that the learned trial Court erred in law in drawing adverse inference against the defendants on their failure to produce the original records in spite of service of summons twice. The attitude and the deposition of the only defense witness Shri Mujibur Rehman was most evasive and irresponsible. Here again the law demanded drawing an adverse inference against the State. It is further submitted that the learned lower Court failed to appreciate that the power of the Collector to auction for and on behalf of the State Government are limited and cannot go beyond the decision of the State itself. When the State Government vide its order dated 27.04.1977 criticized the action of the Collector for re-auction of similarly placed plots and directed grant of lease after confirmation of auction in favour of Shri S.K. Bhatia and others; it was not within the competence of the Collector, Bhopal to have taken a different decision against the specific order of the State Government on whose behalf he is authorized to act. It is also submitted that the learned lower Court ought to have decreed the suit of the plaintiff in the light of the order of the State Government dated 27.04.1977 applying the principle of estoppels. It is further submitted that the learned lower Court failed to appreciate that the action of the Collector, Bhopal in ordering re-
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
auction of the plot in question was not only discriminatory but also against the law and Constitution of the Country. As a responsible Officer of a Welfare State he is duty bound to act, honestly, fairly and in discriminatory. To buttress his contentions, learned counsel for the appellant has placed reliance on Shree Hanuman Cotton Mills and Others Vs. TATA Air Craft Limited (1969) 3 SCC 522 and prayed that the appeal be allowed and the respondents authorities be directed to execute the sale deed in favour of the plaintiff after taking balance amount.
8. On the other hand, learned Government Advocate for the respondents /State opposed the contentions raised by learned counsel for the appellant by contending that the suit was filed for the relief of declaration, perpetual injunction and specific performance and the case of the appellant /plaintiff was that a notice dated 28.08.1969 was issued by Nazul Officer, Bhopal for auction of disputed plot No.E-2/15 Arera Colony, Bhopal. In that auction the appellant was the highest bidder and deposited 1/10th amount of the bid i.e. Rs.3310/- on 26.02.1969 and the competent authority did not approve his bid and issue notice for re-auction of the disputed plot. It is also contended that after 8 years, appellant preferred a representation to the Commissioner, Bhopal, against the order of Collector, Bhopal, which was registered as Case No.222/77-78. By order dated 03.11.1979, Commissioner remanded the case for fresh disposal and partly allowed the representation. Accordingly, appellant submitted the application before the Collector, Bhopal but the Collector, Bhopal did not appreciate the same. The Nazul Officer, Bhopal published an advertisement for auction of certain plotd of Arera Colony in newspapers on 07.01.1996. After knowing the above fact, the plaintiff filed the Civil Suit for declaration,
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
perpetual injunction and for specific performance regarding the disputed plot before the learned District Judge, Bhopal, after lapse of almost 27 years. It is further contended that this Hon'ble Court has only one issue to decide that whether judgment and decree passed by the learned lower Court should be interfered with. Exhibit P-4 i.e. notice under Section 80 CPC was issued on behalf of plaintiff on 24.11.1997 whereby, the suit was filed on 09.01.1996, which clearly indicates that the notice under Section 80 CPC was given after more than 22 months from the date of filing of the suit. On this ground only the suit of the plaintiff is not maintainable and deserves to be rejected. From Exhibit P-3, it is clearly evident that any bid can be rejected by Collector without any explanation. The same issue was decided by Supreme Court in the case of Haryana State Agriculture Marketing Board Vs. Sadhu Ram, (2008) 16 SCC
405. In that case Hon'ble Supreme Court has held that competent authority is the final authority to approve the auction bid. Accordingly, the Collector, Bhopal rejected the auction bid and advertised for re-auction of the disputed plot. Meaning thereby, only depositing of earnest money by the bidder cannot be called as agreement. According, to Section 7 of the Indian Contract Act, 1872 in order to convert a proposal into a promise, the acceptance must be expressed in the manner, in which it is to be accepted. If the acceptance is not made then it cannot be called as a contract, and when there was no agreement executed between the parties then no question arose for specific performance of the contract. According to the statements made by plaintiff as PW-4 before the learned lower Court, it is clearly apparent that the respondent has rejected his bid. In paragraph 4 of his statement, plaintiff stated that, "his claim and base is only the receipt i.e. exhibit P-1", according to his above admission, only the said
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
receipt cannot be called and defined as the contract and thus, the plaintiff has no case of specific performance to be decided in his favour. In that manner, the judgment and the decree passed by the learned lower Court is absolute and perfect and does not require any interference of this Hon'ble Court. As per the paragraph No.12 of the plaint, it is evident that the cause of action for filing of the suit arose on 26.01.1969 and the suit was filed on 09.01.1996, which is clearly and extremely time barred suit filed by plaintiff. According to Para No.13 of the plaint, plaintiff / appellant valued his suit for Rs.30 Lacs and this suit was filed for specific performance, therefore, the plaintiff out to have paid the ad-valorem Court fee, which he did not pay, hence, in absence of payment of ad-valorem Court fee, the suit filed by the plaintiff/appellant was not maintainable. The documents filed by the appellant with application under Order XLI Rule 27 CPC were not relevant as they are not related to the plaintiff/appellant. As these documents are not belonged to appellant, therefore, he did not get any benefit/relief from these documents. These documents are not essential for just and final adjudication of the case. The Hon'ble Supreme Court of India in the case of Haryana State Agriculture Marketing Board (supra) also observed that highest bidder does not acquire any right if auction is subject to ratification by statutory authority and the competent authority was the final authority to approve the auction bid, which is in his own discretion. The Hon'ble Supreme Court in the case of Union of India & Others Vs. Bhimsen Walaitiram (1969) 3 SCC 146, observed that the contract of sale was not complete till the bid was confirmed by the Chief Commissioner and till such confirmation, the person whose bid has been provisionally accepted is entitled to withdraw his bid. An acceptance of an offer may be either absolute or
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
conditional, when it is conditional the offer can be withdrawn at any moment until absolute acceptance has taken place. In the case of Haryana Urban Development Authorities & Others Vs. Orchid Infrastructure Developer Pvt. Ltd. (2017) 4 SCC 243, the Hon'ble Supreme Court has held that the highest bidder has no vested right to have the auction concluded in his favour and the government or its authorities could validly retained power to accept or reject the highest bid in the interest of public revenue. On the basis of above facts and citations observed by the Hon'ble Supreme Court, the appellant has failed to prove his case, thus, the judgment and decree passed by the learned District Judge, Bhopal is absolute and perfect and does not require any interference of this Hon'ble Court. Hence, this appeal deserves to be dismissed with heavy cost.
9. I have heard the rival submissions made by learned counsel for the parties at great length and also perused the impugned judgment and record. I have given my thoughtful consideration to the rival submissions made by the parties.
10. From the record it is evident that in the auction held on 26th, 27th and 28th of February, 1969, the appellant was declared as the highest bidder quoting price of Rs.33,100/- for the subject plot No.15 in Section E-2, Arera Colony, Bhopal and as per the terms of the auction, the appellant had also deposited 1/10th of the bid amount i.e. Rs.3310/- and received a receipt thereof on the same very day i.e. 26.2.1969. It also emerges from the record that the appellant had number of times approached the respondents authorities for depositing the remaining bid amount but all the time he was told that a communication in this regard will be given to you after approval of the bid by the competent authorities. It is also gathered from the record that the plaintiff - appellant herein was always ready
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
and willing to deposit the balance amount and made several queries from the respondent authorities; but nothing was done, for almost 8 years. The appellant was very shocked by the conduct of the respondents to the effect that the Collector Bhopal instead of confirming the sale in favour of the plaintiff ordered for re-auction of the plot in question without even bothering to communicate the decision to the plaintiff.
11. It is not out of place to mention here that the respondents authorities before passing of the order for re-auction of the subject plot had not taken into confidence the appellant and had also not issued any kind of notice or order regarding cancellation of the bid dated 26.2.1969. Thus, it is clear that the respondents authorities had acted in arbitrary and illegal manner with mala fide intention against the appellant. There is no nothing on record to show that the bid dated 26.2.1969 was cancelled and a communication in this regard was ever sent to the appellant. From the conduct of the respondents authorities, it is crystal clear that the order for re-auction of the subject plot was passed behind the back of the appellant and keeping the appellant in dark and no opportunity was afforded to the highest bidder i.e. the appellant before passing the order for re-auction of the plot in question.
12. The aggrieved appellant on coming to know of the said decision of the Collector Bhopal made a representation to the Commissioner, Bhopal Division, Bhopal, which was registered as Representation No.222/77-78 and was allowed vide order dated 03.11.1979, whereby the order of the Collector Bhopal regarding re-auctioning of plot was set-aside and the case was remanded to him for fresh disposal with certain observations. However, no orders were passed by
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
the Collector, Bhopal in pursuance to the said remand order and another sale notice was published in Nav- Bharat newspaper dated 07.01.1996 for re-auction of the plot in question in order to fetch higher price. From the aforesaid it is apparent that the appellant was always ready and willing to purchase the plot by depositing remaining bid amount and the respondents authorities have acted against the terms and conditions of the auction notice and also against the rights of the highest bidder i.e. the appellant.
13. From the record it is also evident that several successful bidders in respect of other plots auctioned in pursuance to the same sale notice in February 1969 and whose highest bids were similarly not confirmed by the Collector, Bhopal also represented to Commissioner, Bhopal Division, Bhopal, but they were rejected vide order dated 12.05.1975. Against the order of the Commissioner dated 12.05.1975 a representation was made to the State Government on behalf of Shri S.K. Bhatia, Shri Hari Singh, Shri Rewachand, Smt. Shakuntala Verma, Shri Gopi Krishan and Shri S.K. Narang, which was allowed vide order dated 27.04.1977 and action of the Collector, Bhopal and Commissioner, Bhopal Division, were set-aside. In the said order it was directed that all those persons who were highest bidders and had deposited 1/10th of the bid amount should be given the lease of the respective auctioned plot after confirming the sale. Their auction was accordingly confirmed and they were granted lease of the respective plots. The plaintiff on coming to know of the auction notice published in Nav Bharat dated 07.01.1996 for re-auction of the plot in question, filed a Civil Suit before the District Judge, Bhopal for declaration, perpetual injunction and for specific performance in regard to plot No.15 in E-2 Arera Colony, Bhopal, which was registered as C.S.No.2-A/1996. Plaintiff examined P.W.-1 Dinesh
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
Kumar Bajpai, P.W-2 K.K. Jaiswal, P.W.-3, R. S. Tiwary, P.W-4 Mujjaffar Hussain and himself in support of his case. He also produced the order of the Commissioner Bhopal dated 03.11.1979 and filed copy of the order of the State Government dated 27.04.1977 directing grant of lease to S.K. Bhatia and others besides other documents. Notice were also caused to be issued to under Secretary Bhu Parimap & Bandhobast Revenue Department, Bhopal twice for production of original records relating to the order dated 27.04.1977 of the State Government in favour of Shri S.K. Bhatia & Others, but no records were produced in spite of service of summons. The defendants examined only one witness D.W-1 Mujibur Rahman Khan, Nazul Officer Rajdhani Pariyojna Bhopal, who avoided stating anything on the plea of non-availability of record.
14. On perusal of the order of the State Government dated 27.4.1977 it is found that the State government had not only set-aside the orders of the Collector and Commissioner, Bhopal but also directed the authorities to grant lease of the auctioned plot to all those persons who were the highest bidders and had deposited 1/10th of the bid amount after confirming the sale. In pursuant to the order of the State Government, the auction was accordingly confirmed and they were granted lease of the respective plots. Since the appellant was one of the highest bidders and had also deposited 1/10th of the bid amount, therefore, the appellant was entitled to have possession of the subject plot and was also entitled for the similar treatment.
15. It is not in dispute that the appellant was the highest bidder in a public auction and had also deposited 1/10th of the bid amount. It is also not disputed that the sale was confirmed to all those persons who were the highest bidders
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
and had deposited 1/10th of the bid amount on the strength of the order of the State Government dated 27.4.1977. It is a settled law that unless and until it was found that there was any material irregularity and/or illegality in holding the public auction and /or auction sale was vitiated by any fraud or collusion, it is not open to set aside the auction or sale in favour of the highest bidder on the basis of whimsical of some respondents authorities. It is also required to be noted that once the sale was confirmed in favour of the highest bidder who deposited 1/10th of the bid amount, the order for re-auction of the plots in question would frustrate the object and purpose of holding the public auction and also the sanctity of the public auction. Unless there is concrete material and it is established that there was any fraud and/or collusion or the land in question was sold at a throwaway price, the sale pursuant to the public auction cannot be set-aside at the instant of strangers to the auction proceedings.
16. Hon'ble the Supreme Court in Shree Hanuman Cotton Mills (supra) has observed as under :-
The learned Judge, quoting the observations of Hamilton, J., in Sumner and Leivesley v. John Brown & Co.(1), observes at p. 409:
"Earnest'. . . meant something given for the purpose of binding a contract, something to be used to put pressure on the defaulter if he failed to carry out his part. If the contract went through, the thing given in earnest was returned to the giver, or, if money, was de- ducted from the price. If the contract went off through the giver's fault the thing given in earnest was forfeited."
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
The Judicial Committee had to consider in Chiranjit Singh v. Har Swarup (2) the question as to whether a payment made by way of earnest money by a buyer could be recovered when the buyer had committed breach of contract. In that case the plaintiff had entered into a contract with the defendant for purchase of a property. One of the terms of the contract of sale was :
"Willing on old terms namely earnest twenty thousand balance in two moieties. first payable on executing conveyance, last within six months net cash we receive 4 lakhs 76,000."
The plaintiff did not pay the earnest money so nomine but sent two cheques amounting to Rs. 1,65,000 and obtained a receipt ?hat this amount was paid towards the sale price of the estate in question out of the total consideration of Rs. 4,76,000. Later the plaintiff informed the defendant that he was not in a position to complete the purchase and gave opportunity to the latter to sell the property to any other party. Therefore it was clear that the plaintiff-purchaser was unable or unwilling to complete the contract of purchase. The, plaintiff, notwithstanding his default, sued to recover the entire sum of Rs. 1,65,000 paid by him. The High Court held that as the plaintiff had broken the contract, he must lose the earnest money of Rs. 20,000 but was entitled to a refund of the balance amount of Rs. 1,45,000 from and out
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
of the amounts paid by him on that account. The plaintiff, dissatisfied with the decision of the High Court, carried the matter in appeal to the Judicial Committee for obtaining relief of repayment of earnest money also. The Judicial Committee agreed with the High Court that from and out of the amounts paid by the plaintiff, a sum of Rs. 20,000 was earnest money and there was nothing in the contract to suggest that the seller had agreed to sacrifice the stipulated earnest. Regarding the legal incidents of earnest money, the Judicial Committee stated :
"Earnest money is part of the purchase price when the transaction goes forward; it is forfeited when the transaction falls through, by reasons of the fault or failure of the vendee."
Holding that the above principle applied squarely to the contract before them, they dismissed the plaintiff's appeal for refund of earnest.
From a review of the decisions cited above, the following principles emerge regarding "earnest":
(1) It must be given at the moment at which the contract is concluded.
(2) It represents a guarantee that the contract will be fulfilled or, in other words, 'earnest' is given to bind the contract.
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
(3) It is part of the purchase price when the transaction is carried out.
(4) It is forfeited when the transaction falls through by reason of the default or failure of the purchaser. (5) Unless there is anything to the contrary in the terms of the contract, on default committed by the buyer, the seller is entitled to forfeit the earnest.
17. From the aforesaid observations, it is evident that earnest means it must be given at the moment at which the contract is concluded and it represents a guarantee that the contract will be fulfilled or, in other words, 'earnest' is given to bind the contract. In the present case, no doubt that the appellant being the highest bidder had deposited 1/10th of the bid amount as earnest amount and therefore, earnest money represents a guarantee that the contract will be fulfilled. Under these circumstances, in the present case the respondents have failed to fulfill the conditions of the contract. Needless to say that in the peculiar facts and circumstances of the case, the judgments cited by learned counsel for the respondents do not help them.
18. In view of the above and for the reasons stated above, this court is of the considered view that the findings recorded by the trial court with regard to issues no. 1, 3 & 7 are unsustainable being contrary to the record. Thus, the trial Court has committed grave error in dismissing the suit preferred by the plaintiff overlooking the facts that the plaintiff was the highest bidder @ Rs.33,100/- for plot No.15 in Sector E-2, Arera Colony Bhopal in the auction held on
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
26.02.1969 and as per the terms of the auction deposited 1/10th of the bid amount i.e. Rs.3,310/- was deposited with the respondents authorities on 26.02.1969.
19. Resultantly, the impugned judgment and decree of the trial court is not sustainable in the eyes of law. The appeal is hereby allowed. Hence, impugned judgment and decree dated 27/07/1999 passed by District Judge, Bhopal in Civil Suit No. 2-A/1996 is hereby set aside. Interim order dated 15.12.1999 stands vacated. The appellant is directed to pay the balance of the bid amount to the respondents by demand draft / banker cheque within a period of one month from today and take all consequential steps pursuant to the auction-sale being confirmed in his favour including getting registration of the sale deed in his name and taking possession of the land in question in case, the same have not yet taken place till date.
20. Decree be drawn accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs.
21. Let a copy of this judgment along with record be sent back to the concerned trial Court for information and its compliance.
(ARUN KUMAR SHARMA) JUDGE JP/-
Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 6/13/2023 4:42:46 PM
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