ARUNACHALATHAMMAL Vs. T KARAGASABAPATHI PILLAI

JUDGEMENT

(1.) THIS is a petition by a judgment debtor to revise the order of the learned Subordinate Judge of Tuticorin in execution directing on a sale proclamation the decree holder's valuation and judgment-debtor's valuation to be published and the property brought to sale, without noting any valuation by court.

(2.) IN this case the property is said to comprise a number of small houses or tenements which the decree-holder valued at Rs. 5000 but which the judgment- debtor valued at Rs. 60,000. There was admittedly no valuation by an amin or any independent Court officer. Order 21, Rule 66(2)(e), a new clause recently enacted and applicable to Madras, requires a sale proclamation to note the valuation of the property by the decree-holder and the judgment-debtor. It is urged that this is all that is sufficient and that the learned Subordinate Judge's order is in accordance with the requirements of Order 21, Rule 66(2). Reliance is placed on --'Srinivasan v. Andhra Bank Ltd.', AIR 1949 Mad 398 (A), a decision by Govinda Menon J. who took the view that the residuary Clause (f), which, was previously in existence as Section 68(2)(e), is intended to coyer matters other than market value. That clause requires a proclamation to specify as fairly and accurately as possible