C PONNUSAMY Vs. R KRISHNASAMY

JUDGEMENT

(1.) THIS C.R.P. is directed against the fair and decreetal order dated 20.10.2000 made in E.A.No.160 of 1998 in E.P. No.27 of 1994 in O.S.No.321 of 1991 by the Court of District Munsif, Virudhunagar thereby dismissing the application filed on the part of the petitioner under Order 21, Rule 90 and Section 47 and Section 151 of Code of Civil Procedure, 1908 praying to set aside the sale held on 25.8.1998 pertaining to item No.3 of the petition properties.

(2.) THE petitioner would come forward to file the above petition seeking to set aside the sale held on 25.8.98 on such grounds such as that since he got admitted to the hospital due to heart attack he was given to understand about the date of sale fixed only on 23.10.96 and his family is an agricultural one purely dependant on agriculture and therefore under Section 60(C) of the Code of Civil Procedure, 1908 the field hut used as residential building by an agriculturist and for keeping agricultural implements and produce cannot be brought to sale; under Section 60 itself the sale of the third item of the petition mentioned properties becomes liable to be set aside; that the property is worth Rs.l lakh whereas the respondent has shown in his application only as Rs.2.000; that those procedures that are to be followed in such circumstances when immovable properties are brought to sale have not been followed in bringing the property for the sale on 25.3.98; that the petitioner is ready and willing to pay the entire amount with costs and other expenses and therefore on such ground the petitioner has prayed before the Court to set aside the sale held on 25.8.38.

(3.) IT comes to be known that on a pro-note suit for the recovery of a sum of Rs.4,000 which on decree got accumulated around Rs.5,000 and for the recovery of this amount, the respondent has filed E.P.No.27 of 1994 and the same having been ordered, the third item of the petition property had been brought to sale which is a residential building and the same had also been sold in auction held on 25.8.98 testifying the validity of which the petitioner has filed the application in E.A.No.160 of 1998.