CHANDIRA Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE respondent is decree holder in O.S.No.211 of 1996 on the file of the Sub Court, Kallakurichi. It is a suit for recovery of money filed against this petitioner and the suit was decreed as prayed for. He filed E.P.No.3 of 1999 for attachment of sale of the immovable properties of this petitioner and accordingly attachment was effected and sale was also held by the Court on 14.07.2004 in which the respondent was the permitted decree holder in the auction. Pursuant to the sale, he complied with the relevant proceedings, deposited money and stamp papers for execution of the sale deed and the learned Subordinate Judge, Kallakurichi also executed the sale deed dated 14.07.2004 which was handed over to the respondent also.

(2.) THEREAFTER, this petitioner filed an application in E.A.No.186 of 2003 under Order 21 Rule 90 r/w Section 43, 94 and 151 C.P.C. challenging the auction conducted by the Court and knocked off in favour of this respondent. In her petition, she alleged as follows -

(3.) IT is her further contention that at the time of mortgage in the year 1993, the value of the property was Rs.80,000/- and the same was mortgaged for Rs.40,000/- but the upset price was fixed at Rs.90,000/-, that the upset price fixed by the court is very low which does not reflect the actual market value of the property and that the sale held has been conducted unlawfully.