RAVADA KANAKAYYA Vs. LAVED LAKSHMAYYA

JUDGEMENT

(1.) This revision petition is directed against the order of the II Additional District Munsif. Eturu in E.A.No. 886 of 1971 in E.P.No. 41 of 1969 in S.C.No.11 of 1968.

(2.) In execution of a simple money decree obtained by the respondent herein in SC. 11 of 1968 against the petitioners herein, the respondent got 'attached the E.P.Schedule property measuring Ac.1-60 cents of wet land belonging to the 2nd petitioner and brought it to sale. In the court-auction held on 9-9-1971 in the said execution proceedings, the respondent himself purchased the property for a sum of Rs.1,175/-. The petitioners claimed it to be worth not less than Rs. 6.000/- They, therefore, filed an application in S.R.No. 9562/71 for setting aside the sale under the provisions of Order XXI Rule 90 C.P.C. Along with that application, they also filed a separate application, E.A. 886 of 1971, praying the Court to accept the security of the house property belonging to the 2nd petitioner and admit the application in S.R.No. 9562/71, filed for setting aside the sale. The petitioners contend that the value of the property furnished as security is more than Rs. 3.000/- whereas the sale warrant amount is only Rs. 701-50 ps.

(3.) The learned District Munsif held enquiry in E.A.No.886 of 1971 and came to the conclusion that the security furnished was not free from defect in title and encumberances and dismissed the petition. Consequently he rejected the application in S.R.No.9562/71.