GURU BHUSHANAM NAIDU V Vs. DURGA FINANCIERS

JUDGEMENT

(1.) Aggrieved by the order of the 1st Additional Junior Civil Judge, Chittoor made in E.A.No. 18 of 2001 in O.E.P. No. 252 of 2000 dated 12-2-2001, wherein the additional counter filed by the Judgment- debtor in the E.P. was rejected, the present revision is filed by the Judgment-debtor.

(2.) Heard the learned Counsel on both sides. The respondent obtained a Money decree in O.S.No. 6 of 1998 on the file of the 1st Additional Junior Civil Judge on 18-1-2001. Thereafter, he filed O.E.P. No. 252 of 2000 for realization of an amount of Rs. 1,11,088.00 by way of attachment of the schedule mentioned properties and putting the same to auction. In the E.P. the respondent-Decreeholder seemed to have valued the property at Rs. 5 lakhs. Thereafter, the petitioner-Judgment-debtor filed a counter on 27-11-2000 by taking the usual plea that the property does not belong to him and that the properties stand in the name of his wife, that he has no saleable interest in his favour, and hence no orders need be passed for putting the schedule properties to auction. Thereafter, at the instance of the Court, Court Amin valued the property at Rs. 7 lakhs. Before issuance of the proclamation of sale, the petitioner filed an additional counter stating that as per the valuation certificate given by the Sub-Registrar, Chittoor the value of the building is Rs. 34,54,000.00 and the market value of the building is more than Rs. 40,00,000.00, but the Decreeholder with a mala fide intention got mentioned the value of the property at Rs. 5 lakhs. The Junior Civil Judge dismissed the said additional counter. In other words, he refused to take additional counter on file.

(3.) Order 21 Rule 66 CPC deals with the issuance of proclamation of sale by public auction. Apart from giving the particulars mentioned in Rule 66 under second proviso to Order 21 Rule 66 (2) CPC, the Court is at liberty to fix its own estimate of the value of the property. The proclamation shall include the estimate of the property if any given by either or both of the parties. It is useful to extract the said proviso: