P SOMASUNDARAM Vs. A PONNUSAMY

JUDGEMENT

(1.) These two appeals arise out of execution proceedings in two suits between the same parties the judgment-debtors in both the suits are the same and the Court auction purchaser in both the cases is the same. In C.M.A. No. 806 of 1990, the property was brought to sale in E.P. No. 47 of 1987 in O.B. No. 1767 of 1985. The amount due under the decree is stated in the proclamation is Rs. 39,774.09. The property was brought to sale on 2-11-1988. Two items were intended to be sold. The first lot comprising of a house and ground was valued by the decree-holder at Rs. 50,000 /- and by the Court at Rs. 2,50,000 /-. The second lot was valued at Rs. 1,00,000 /- by the decree-holder and Rs. 10 lakhs by the Court.

(2.) The other appeal arises out of E.P. No. 49 of 1987 in O.S. No. 1769 of 1985. The amount due under the decree as stated in the proclamation is Rs. 80,334.98. The same two items which are proceeded against in E.P. No. 47 of 1987 are also proceeded against in these execution proceedings. The values given by the decree-holder and the Court are the same.

(3.) On 2-11-1988, lot No. 1 was sold in E.P. 47/87 and a sum of Rs. 2,95,000 /- was realised. On the same day, lot No. 2 was also sold in E.P. 49/87 for a sum of Rs. 10,01,000/-.