LAWS(SC)-1975-12-38

PUTTI KONDALA RAO Vs. VELLAMANCHILI SITARATTAMMA

Decided On December 12, 1975
PUTTI KONDALA RAO Appellant
V/S
VELLAMANCHILI SITARATTAMMA Respondents

JUDGEMENT

(1.) This appeal is by special leave from the judgment dated 24 March, 1973 of the High Court of Andhra Pradesh.

(2.) The High Court held that the application of the appellants, the judgment debtors is defective and not maintainable and the Court has no power to set aside the sale unless facts are alleged by the applicant and proved by him to the satisfaction of the court that the applicant has sustained substantial injury by reason of such irregularity.

(3.) The respondents are the decree-holders. Pursuant to the decree there was an order for attachment and sale of the house property of the appellants. The sale took place on 7 June 1960.