ELUMALAI NAICKER Vs. KISHTAMBAL AMMAL

JUDGEMENT

(1.) The revision petition by the judgement debtor is directed against the order of the District Munsif, Kancheepuram, by which he granted the application of the decree-holder and reduced the upset price of the property advertised for sale to Rs. 10,000/-.

(2.) Admittedly, in execution of a money decree, the judgement-debtor's agricultural property which consists of 8 small pieces of agricultural lands totalling 4.34 acres was attached. In execution proceedings commenced by E.P. 37 of 1980 which was renumbered as E.P. No. 112 of 1981, the sale was advertised for 27th July, 1981, but was adjourned at the instance of the judgement debtor as he paid a part of the amount.

(3.) We are not concerned with the two or three other occasions when the sale was adjourned from time to time, but it needs to be mentioned that when the sale was due to be held on 27th July, 1981, the sale did not go through on account of the absence of the bidders. At that time, the upset price was fixed by the Court at Rs. 60,600/-. The decree-holder, finding that her attempt to sell the property was not bearing fruits, applied for reduction of the upset price. At one stage, she herself had given the value of the property as Rs. 15000/-. However, in the application for reduction of the upset price, she asked for Rs. 10,000/- to be fixed as the upset price. The principal District Munsif, Kancheepuram, made a summary order reducing the upset price to Rs. 10,000. It is this order which is challenged by the judgement-debtor in this revision petition.