RAMASAMY Vs. THANGAVEL

JUDGEMENT

(1.) THE petitioner/respondent/judgement Debtor has projected this Civil Revision Petition as against the order dated 15. 10. 2009 in E. A. No. 24 of 2009 in E. P. No. 10 of 2008 passed by the learned District Munsif-cum-Judicial Magistrate, Kodumudi in allowing the application filed by the respondent/petitioner/decree holder under Section 151 of CPC praying to reduce the upset price in the property from Rs. 2,00,000/- to Rs. 1,00,000/ -.

(2.) THE executing Court while passing order in E. A. No. 24 of 2009 on 15. 10. 2009 has interalia observed that " the Court Amin has inspected the petition mentioned property on 21. 10. 2009 and has valued the property on that day as Rs. 1,00,000/- based on market value and also that as per the guideline value, the value of the petition mentioned property comes to be known as Rs. 1,20,000/- and therefore, it has reduced the upset price to Rs. 1,25,000/- from Rs. 2,00,000/- fixed earlier and resultantly allowed this application without cost.

(3.) ACCORDING to the learned counsel for the Revision Petitioner/respondent/judgement Debtor, the executing Court has not appreciated of the fact that the upset price cannot be fixed on the ipsi dixi of either the Judgement Debtor or the Decree holder and the Court while fixing an upset price has to take into account the relevant facts in an objective fashion to which it has to apply its mind and fixing of the upset price to Rs. 1,25,000/- after reducing it from Rs. 2,00,000/- is an arbitrary and the illegal order and as a matter of fact the oral and documentary evidence let in by the Judgement Debtor has been simply brushed aside by the executing Court based on the statement of the Amin and therefore prays for allowing this Civil Revision petition in the interest of Justice.