SUBRAMONIA PILLAI Vs. PADMANABHA PILLAI

JUDGEMENT

(1.) The decree holder is the appellant in this second appeal. The only question is whether in execution of his decree, the decree holder is entitled to bring the property, item No. 3 to sale. It is seen that originally, item 3 was sold on 1-4-53 and purchased by a stranger, but on deposit of the auction amount and 5 per cent solatium the sale was set aside and therefore, it follows that the property has reverted back to the judgment - debtor.

(2.) In this view, the order of the two courts disallowing the plaintiff to bring the property again to sale is illegal. , It is not one of those cases where the entire decree amount has been paid off in which case certainly the decree holder will not be entitled to proceed by way of execution. In this view, the order of the two courts are set aside and the second appeal allowed, but as nobody appears for the respondent without any order as to costs.