RADHAMANIYAMMA Vs. SAJI ABRAHAM

JUDGEMENT

(1.) JUDGMENT debtor in E.P.No.248 of 2007 in O.S.No.172 of 2003 of the court of learned Additional Sub Judge, Kottayam is the petitioner, challenging Ext.P2, sale notice on the ground that upset price fixed therein is meager and that sale of a portion of the property would be sufficient to satisfy the decree.

(2.) RESPONDENT sued petitioner for specific performance of an agreement for sale of the property or in the alternative, for return of advance money. The dispute was settled and a compromise decree was passed allowing respondent to recover Rs. 1,40,000/- with interest. For recovery of that amount respondent filed E.P.No.248 of 2007 and brought up property of petitioner for sale. By Ext.P1, order upset price was fixed at Rs. 3,80,000/- and sale is scheduled to be held on 20-12-2010. Ext.P2, sale notice is under challenge. It is contended by learned counsel that upset price fixed is only Rs. 3,80,000/- while the property will fetch more than Forty Lakhs. It is also contended that petitioner has produced valuation sketch from the Co-operative Bank wherefrom also petitioner had availed a loan.