A RANGASWAMY IYENGAR Vs. PATTAMMAL ALIAS RAJALAKSHMI AMMAL

JUDGEMENT

(1.) The 1st respondent is the wife of the appellant and the mother of the 2nd respondent

(2.) The two respondents obtained a decree for maintenance against the appellant. On the appellant's failure to pay the maintenance provided under the decree, the respondents took out execution proceedings which ended in an order for sale of the appellant's property at which the 1st respondent, who also acted as the guardian of the 2nd respondent, then a minor, became the auction purchaser The 1st respondent had been previously granted leave by the Court to bid at the said auction sale. The amount of maintenance due till then to the respondents was set off against the purchase price

(3.) Two applications were then filed by the appellant for setting aside the sale The reasons urged in the applications were that the decree for maintenance provided separate maintenance for the two respondents, that it was accordingly not a joint decree that the 1st respondent, therefore, could not set off the whole of the arrears of maintenance due to her and respondent 2, and consequently, was bound to deposit in the Court the balance of auction price after deducting therefrom arrears due to her. The applications were dismissed by the execution Court. The appellant thereupon filed appeals in the High Court against the said orders of dismissal. A learned Single Judge of the High Court upheld the appellant's contentions and allowed the appeals. In letters patent appeals filed by the respondents, a Division Bench of the High Court reversed the order passed by the learned Single Judge and allowed the appeals filed by the respondents. The appellant thereupon applied for a certificate to file an appeal to this Court under Art 133 (l) of the Constitution urging that he was entitled to a certificate as the judgment of the Letters Patent Bench was one of reversal and the matter satisfied the test of pecuniary value, namely, Rs. 10,000/-, which was the relevant value for the purposes of the instant matter.