DEVAN Vs. V. RAGHAVAN

JUDGEMENT

(1.) The Rule that mere inadequacy of price in execution of sale of property cannot give a Court of appeal, or for that matter a Court of equity, jurisdiction to set aside such sale, unless irregularity is found manifest is stated often in the judgments of the Honourable Supreme Court; and it is equally said, in substance, that any irregularity latent or patent, even the least spark of it, may be enough to obtain jurisdiction to the Court to set aside the sale.

(2.) The substratum of the pleaded allegations in this appeal, which challenges the sale of property in execution proceedings, is that the sale proclamation is irregular and that the auction price is woefully inadequate. The allegations of irregularity in the proclamation of sale singularly pirouettes on the assertion of the appellant that it was not published in news papers, thus allegedly leading to a lower price being attracted in sale for want of enough publicity. The appellant predicates in this appeal that all sale proclamations in execution proceedings are statutorily required to be published in newspaper and such other media.

(3.) Our assiduous consideration of these issues, in the facts of this case, leads to a conclusion against the appellant and we proceed to record our opinion and findings ut infra.