NANJAPPAN Vs. CAUVERY GOUNDER PURCHASER

JUDGEMENT

(1.) THIS revision petition C. R. P. No. 535 of 1985 is directed against the judgement in C. M. A. No. 22 of 1983 on the file of the District judge, Salem.

(2.) THE petitioner herein was adjudicated as insolvent on his application in I. P. No. 3 of 1980. THE properties of the petitioner/insolvent were brought to sale by the official Receiver, who is the second respondent herein, on the basis of the details given by one of the creditors. After publishing proclamation for sale under Ex. B. 1, the official Receiver conducted the sale of the properties of the insolv it in which items 1 and 3 were sold. THE first respondent who is one of the creditors of the insolvent was the successful bidder. Item No. 1 was sold as the first lot for Rs. 7,750 while items 3 to 5,were sold as lot number 2 for Rs. 11,750. THE insolvent filed an application in I. A. No. 295 of 1981 for setting aside the sale held by the official Receiver, after 21 days of the sale but before confirmation of the sale. He contended that there was no proper publication at all in the village, that the properties are worth more and that the first respondent played fraud in publishing the sale notice and in the conduct of the sale. THE application was resisted by the first respondent auction purchaser on the ground that there was proper and valid publication of proclamation and that the properties were sold for proper price. It was further contended that the petition was barred by time. THE second respondent the official Receiver filed a memo giving details of the publication of the proclamation and conduct of the sale.

(3.) IN the result, this revision petition is dismissed. No costs.