A KANNABIRAN Vs. RUBBY COACH BUILDERS PVT LTD

JUDGEMENT

(1.) THIS appeal by the judgment-debtor is against the order of the learned Chief Judge, City Civil Court, Hyderabad overruling the two objections to the proclamation of sale relating to plot No. 27/28. No. 1-11-252/49 and 50 situated at Begumpet, Hyderabad. The judgment-debtor had raised another, objection also, namely the sale should be subject to the claims of third-parties as ordered in E. A. Nos. 321 of 1970 and 23 and 31 of 1971. The decree-holder conceded that the sale proclamation should specify the claims and also the sale should be subject to those claims. The other two objections, which were opposed by the decree-holder and rejected by the Court below, are (1) that the value stated by the judgment-debtor should also be mentioned in the sale proclamation, and (2) that before, the sale is held, permission of the competent authority under section 27 of the Urban Land (Ceiling and Regulation) Act, 1976 hereinafter referred to as " the Act", should be obtained.

(2.) IT is true that while the decree-holder stated the value of the property to be Rs. 35,000. the judgment-debtor, in his counter, claimed that it was worth Rs. 2,00,000. But, when the matter came up for hearing, as can be seen from the order under appeal, the learned Counsel for the judgment-debtor did not press this contention. That means the judgment-debtor agreed to the valuation mentioned by the decree-holder. When that issue was not pressed before the executing Court, it cannot be allowed to be raised in this appeal. This is obviously intended to merely prolong the execution proceedings. 5. The other objection raised by the judgment-debtor rests upon the interpretation of section 27 of the Act, which, so far as it is relevant for our present purpose, reads as follows: