KAILASAM Vs. T K MUTHUSAMY

JUDGEMENT

(1.) THIS revision arises out of an application for 'setting aside the sale held" in Court auction under O.21, R.90, C.P.C. The sale was held on 24.3.1982. The petitioner herein purchased the property for a sum of Rs.12,250. The property comprises of S.Nos.149/9 and 149/10 of a total extent of 4 acres 18 cents. It is stated that one acre of land is a garden land and the rest are dry lands.

(2.) THE only ground on which the sale was sought to be set aside as stated in the affidavit filed in support of the application under O.21, R.90, C.P.C. is that the proclamation was not published in a proper manner before the sale and the value of the property in the estimate of the Court was not mentioned and that the property had been sold for a very low price. THE affidavit filed in support of the application is bereft of any details. Excepting setting out the above matters in one sentence, the affidavit does not set out how the sale was vitiated by irregularities, or illegalities in the matter of publication and conduct of sale.

(3.) EVEN assuming that there was irregularity in the publication of the proclamation, it would not mean that there was no publication at all. The proclamation has to be published in three places as per the rules. The finding of the learned Judge relates only to the irregularity in publishing the proclamation at the place where the land is situated. That would not tantamount to holding that there was no publication at all.