THRESSIAMA Vs. JOSEPH

JUDGEMENT

(1.) The decree-holder in O.S. No. 106/1998 of the Subordinate Judge's Court, Irinjalakuda, whose E.P. No. 284/2003 stands dismissed through order dated 11.02.2011, has come up in revision.

(2.) O.S. No. 106/1998 is a suit for money, which was decreed in favour of the plaintiffs. Before anything could be realised, the 1st decree-holder died. The 2nd decree-holder is the present 1st petitioner, who is the wife of the 1st decree-holder. She is none other than the direct sister of the judgment-debtor. The decree was obtained on 22.03.2003. The decree has become final. The judgment-debtor has got half undivided share in a total extent of 8.5 cents of property. The said half share of the judgment-debtor has been attached during the trial stage and the attachment still continues. The said property was attempted to be sold in execution of the decree.

(3.) Even though the judgment-debtor has not strongly resisted the execution, for reasons beyond the control of the decree-holders, the sale could not take place. It seems that the property has got a lesser width and a small road frontage. The property has to be divided by the means and bounds into two shares and practically one half share will come around 4.25 cents. When the sale was attempted, it seems that the court below had at first fixed an upset price of 12 lakhs for the undivided share of the judgment-debtor sought to be sold. When it was posted for sale, there was nobody to purchase it and thereby the attempt failed. The decree-holders were clamouring before the court below that the upset price was too high and there would not be anybody to purchase the property for such a huge amount. As the first attempt failed, the court below was constrained to re-fix the upset price and the court below, through Ext. P3, fixed the upset price at 6 lakhs per cent and at the same time, the extent of the property to be sold was decreased to 3 cents.