In the meantime, before the issuance of the sale certificate, the heirs of the judgment debtor moved an Objection Petition under Section 47 of the CPC before the Executing Court on the ground that the auction sale was violative of Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 inasmuch as the decree holder firm was number agriculturist.
This objection found favour with the Executing Court and was affirmed in appeal but the same was reversed by the High Court.The decree holder firm as plaintiff filed a suit for recovery of a sum of money against the Defendant judgment debtor.
This appeal by special leave is directed against the judgment and order dated 12.1.1979 of the High Court of Bombay passed in Second Appeal No.
The auction was later companyfirmed by the Executing Court and a sale certificate was issued to the firm.
The decree holder firm with due permission of the Court emerged as the successful bidder at the auction.
In execution thereof some agricultural land of the judgment debtor was attached and put to auction.
The respondents herein is the decree holder firm.
The suit was decreed.
The appellants herein are heirs of the original judgment debtor.
