T RAMACHANDRA NADAR Vs. OFFICIAL RECEIVER MADURAI

JUDGEMENT

(1.) THE petitioner in C.R.P. No. 587 of 1984 had been adjudicated as insolvent in I.P. No. 24 of 1964, on the file of the Sub -Court, Dindugal. The properties in question, namely, item Nos.1 and 2 were brought for sale and the sale was held on 9.4.1979. In the said sale the appellant in C.M.S.A. No. 19 of 1984 had been declared as successful bidder and the same was confirmed in his favour. To set aside that sale, the insolvent filed M.P. No. 46 of 1980 the file of the Sub -Court, Dindugal. The same was dismissed by the Sub - Court, Dindugal in its order dated 10.3.1982. Aggrieved against the same, the insolvent filed further appeal in C.M.A. No. 83 of 1982 on the file of the District Court, Madurai North at Dindugul. The learned district Judge in his order dated 5.10.1983 set aside the sale in so far as item No. 1 is concerned and confirmed the order,in respect of item No. 2. Aggrieved against the same bother the insolvent and the purchaser have filed the above revision and the appeal respectively.

(2.) THE learned counsel appearing for the insolvent/petitioner in the revision has submitted that the auction held is contrary to the rules framed for the said purpose, that the value for which the said property was sold was very low and that the sale was not properly held.

(3.) AS per the said Rule F (3) no sale shall be held by the of ficial receiver until after the expression of at least 30 days in the case of immovable property. On the basis of the said Rule, the learned counsel appearing for the petitioner/insolvent has submitted that there is no 30 clear days in the present case between the date of proclamation and sale and so it has to be set aside. On a perusal of Ex.B -3, it can be seen that the proclamation was made on 10.3.1979. Admittedly, the sale was held on 9.4.1979. In between these two dates, there is no 30 clear days. on the 30th day the sale was held. With respect to the item No. 2 of the property, on a perusal of Ex.B -5, it can be seen that the proclamation was made on 29.3.1979 and the sale was held on 9.4.1979. Here also there is no clear 30 days interval between these two dates. so, in view of the non -compliance of the Rules, the sale cannot be sustained.