KANVIHALLI CHINNAPPA Vs. TIGARI SHIVAPPA

JUDGEMENT

(1.) The question raised in this petition is whether the executing Court before comirming the sale, is competent to examine its validity with reference to the provisions of the Karnataka Land Reforms Act, 196l (shortly caued 'the Act').

(2.) The facts are these: In OS.746 of 1962, respondent-1 obtained a decree in execution of which certain agricultural lands were brought to sale on 17th August 1972. Respondent-2 purchased the same. Challenging the validity of the sale, the petitioner filed an application under Or.XXI, Rule 90 of the CPC to set aside the sale on the ground that it was vitiaed by irregularities. That application was dismissed. Before the sale was confirmed, he filed another objection stating that the sale was void inasmuch as it was in contravention of Ss.79A & 80 of the Act. The learned Munsiff without going into the merits of that contention, held that the Court should ccnhrm the sale after the application under Or.XXI, Rule 90 was dismissed. Aggrieved by the said order, this revision petition has been preferred under Section 115 of the CPC.

(3.) Mr. Venkanna, learned Counsel for the petitioner submitted that the executing Court must examine the validity of the sale with reference to Secs.79A and 80 of the Act and the dismissal of the application under Order XXI, Rule 90 is no bar for such investigation.