Y PRASAD RAO Vs. P VENKAT RAJU

JUDGEMENT

(1.) The defendants in O.S. No.185 of 1982 on the file of District Munsif, Bodhan, filed this second appeal. During the pendency of the second appeal, both of them died and their legal representatives are brought on record. The suit was filed by the sole respondent herein for the reliefs of:

(2.) On an earlier occasion, the 1st appellant filed O.S. No.7 of 1972 against the respondent for recovery of a sum of Rs.2,724/- in the Court of District Munsif, Bodhan. The suit was decreed on 30-12-1973. After the decree became final, he filed E.P. No. 18 of 1974 and brought the house of the respondent to sale. The 2nd appellant became the auction purchaser. The efforts made by the respondent, to get the sale set aside, by filing several applications, did not fructify. Thereafter, the respondent filed O.S. No. 185 of 1982, for the reliefs, mentioned above. He pleaded that he is a small farmer as defined under A. P. Agricultural Indebtedness (Relief) Act, 1977 (for short "the Act 7 of 1977") and that the sale of his property in the execution of the decree in O.S. No.7 of 1972 is void and illegal.

(3.) The appellants filed a written statement stating that a separate suit for setting aside the auction sale, or for resolution of any dispute, as regards execution of a decree is barred under Section 47 and Rule 92(3) of Order XXI of C.P.C. They pleaded that the suit is barred by limitation, apart from being not maintainable.