M VEERA RAGHAVAIAH Vs. P SINGA RAO

JUDGEMENT

(1.) This writ appeal has been filed by the first respondent in W.P. No.1966/90 questioning the finding of the learned single Judge that the sale of Ac. 2-64 cents in E.P.No. 199/72-73 in favour of the first respondent suffers from material irregularities resulting in substantial injury to the judgment-debtor and consequently set aside the sale in favour of the first respondent.

(2.) Parties are referred to as arrayed in the writ petition for the sake of convenience. A few facts necessary for disposal of this appeal are that the writ petitioner is a member of R-3, the Munipalle Co-op. Marketing Society Ltd., Munipall. In a claim petition filed by R-4, the Guntur Dist. Co-op. Marketing Society Ltd., Guntur, an award was passed against R-3 for recovery of Rs. 9,500/-. In Execution Proceedings i.e. E.P. No. 199/72-73 filed by R-4 consequent to the award, Ac. 2-64 cents of land of third respondent was attached and sold for Rs. 75,000/- in favour of R-l by R-5, K. Aseerwadam, Co-op. Sub-Registrar/Departmental Revenue Auditor, Gunturon 31-5-83.The person in-charge of R-3 society and also the writ petitioner filed separate objections and petitions questioning the sale in favour of R-1. R-2-R.S. Sastry, Dy. Registrar of Co-op. Societies, Guntur, after due enquiry, set aside the sale and ordered refund of the purchase money deposited by R-l. On a revision filed by R-1, sixth respondent-the Special Cadre Dy. Registrar of Co-op. Societies, Guntur, set aside the orders of the second respondent and confirmed the sale in favour of R-1. The writ petitioner filed the above referred writ petition assailing the order of R-6 passed in revision. Learned single Judge, after considering the rival contentions in detail, found that the sale of land in favour of R-1 suffers from material irregularities resulting in substantial injury to the judgment-debtor and consequently set aside the sale in favour of the first respondent.

(3.) Mr. M. Chandrasekhar Rao, learned Counsel for the appellant submitted that the finding of the learned single Judge that the description of property sold as mere land without reference to rice mill and godown thereon is a material irregularity resulting in substantial injury to judgment-debtor is perverse, illegal and liable to be set aside.