ARYA PEDDAKKA Vs. JANGITI BALA THIMMAIAH

JUDGEMENT

(1.) This Revision is filed against the order in CFR167/1991 in EA 85/90 in EP 84/87 in O.S. 95/81 dated 26-03-1991 on the file of the District Munsif, Koilkuntla.

(2.) In this case, sale was held on 7-6-1990. EA. 95/90 was filed to set aside the sale. EA was dismissed for default on 23-1-1991. Against this, petition was filed on 11-2-1991. The sale was confirmed on 23-1-1991. In these circumstances, the lower Court held that the petition is not maintainable. Aggrieved by the said order the present revision is filed.

(3.) In this case, the sale was posted to 24-4-90. The sale was stopped, because the Judgment Debtor wanted adjournment and the sale was posted to 7-6-1990. Proclamation was madeon 11-5-90. Publication in the local daily was also made on 27-5-1990. Even before the proclamation, the Judgment Debtor died on 1-5-90. It is submitted that the decree holder ought to have brought the LRs. of the J.Dr. on record. This is not done in this case. Therefore, the sale held on 7-6-90 which was confirmed on 23-01-1991 is void as the LRs were not brought on record. In support of this contention, he relied upon a Full Bench Judgment of Calcutta High Court reported in Smt. Shanti Devi (Minor) vs. Khandubala Dasi. In this case it was held that