SEETHARAMA IYENGAR Vs. VEERARAGHAVA PILLAI AND ANR.

JUDGEMENT

(1.) THIS appeal filed by the judgement debtor arises out of an application , E.A.No. 440 of 1965, which he filed under Order 21 , Rule 90, Civil Procedure Code , to set aside a sale on the ground of alleged irregularity and illegality. The properties are wet lands in Chidambaram Taluk of an extent of 2 acres 63 cents, but they were subject to a mortgage of Rs. 19,500. Some other properties 2 acres 63 cents, were included in the mortgage, though we do no have any precise estimate of the relative values of those properties and the lands in question.

(2.) THE last property was put up for sale on three successive occasions and was only on the last occasions they were sold for Rs. 795 subject to the encumbrance Rs. 19,500. This therefore works out to the sale price of about Rs. 75 per cent., the encumbrance of judgment -debtor's contention is that the lands would be worthy's Rs. 100 per cent and therefore even subject to the mortgage, the lands should have fetched the price of nearly Rs. 7,000, and that is how he pleads prejudice. Actually, his grievance price of that though initially his valuation of Rs. 100 a cent was mentioned in the sale proclamation as required by Order 21, Rule 66 (2) (c) that was not repeated in the subsequent proclamations, and in particular in the proclamation which resulted in the impugned sale held on 22nd February, 1965. His further grievance is that he was not given any notice when the upset price was successively reduced from Rs. 10 per cent (subject to the encumbrance) to Rs. 7 on the last occasion. Yet another grievance of his is that the Court should not hive simply mentioned the lands in question and other properties were subject to an encumbrance the lands but should have further apportioned the approximate liability of the 2 acres 63 cents, and that if that had been done, the properties might have fetched a higher value.

(3.) THE contentions were overruled by the executing Court an appeal by the learned Subordinate Judge and hence this further appeal by the judgement -debtor.