Law:

Section:

Settlement Scheme No. VIII-Auction of shop-Person giving highest bid of Rs. 10,000 and depositing a joint Compensation Book in his and his brother's name-Compensation Book bearing deferred value of Rs. 1,928 only in name of bidder and thus falling short of gth bid money-No overt act to show that bidder associated with his brother or made any attempt to make further deposit towards payment of purchase price-Auction, held, rightly cancelled by Settlement Authorities. S. M. Masud, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate- on-Record for Petitioner. Nemo for Respondents. Date of hearing : 5th February 1970. JUDGMENT M. R. KHAN, J.-The dispute in this case relates to shop No. 385/11, Muslim Bazar, Bhakkar. This shop was put to auction on the 22nd December 1964, under Settlement Scheme No. VIII. The petitioner gave the highest bid of Rs. 10,000. This bid was accepted, and the auction was confirmed on the 6th January 1965. The petitioner deposited a compensation book in his name and in the name of his brother, but it carried only a deferred value of Rs. 1,923 in the petitioner's name. No overt act was done by the petitioner to associate his brother with the bid in respect of the disputed shop. The result was that the compensation book carrying a deferred value of Rs. 1,928 in the petitioner's name fell short of the 1/4th of the bid money. At no time after the acceptance of the bid, the petitioner paid any further sum towards the auction price. In this circumstance, the Deputy Settlement Commissioner cancelled the auction on the 18th May 1967, after giving a notice to the petitioner. The petitioner's appeal and…

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