AKASIM BI Vs. T G LAKSHMAYYA THIMMAYYA SETTY

JUDGEMENT

(1.) This appeal is filed against the decree and order passed in E.A.No.36/1982 in E.P.No. 182/1980 in O.S.No. 32/1979 on the file of the Subordinate Judge's Court, Adoni, dated 30-7-1986, dismissing the same which was filed under Order 21 Rule 90 C.P.C. Appellants herein are the petitioners-judgment- debtors in the E.A. They filed the E. A. seeking to set aside the sale of immovable properties in this case on the ground that the sale is vitiated by material irregularity or fround (sic. fraud) in publication and conduction of sale.

(2.) Brief facts: In order to execute the decree which was obtained by the 1st respondent, the E.P. was filed under Order 21 Rule 11 C.P.C. against the appellants, who are the legal representatives of one late Janda Husen Sab (the original debtor), praying to realise the decretal debtby selling the E.P. schedule immovable properties of late Janda Husen Sab which are now in the hands of the appellants-J. Drs. In the E.P. itself, it was mentioned that the E.P. schedule proper ties, were attached before Judgment and the said attachment was also made absolute on 5-9-1980 in I.A.No. 295/1979. The properties which are scheduled in the E.P. are as follows: Item No. 1: House bearing Dr.No. 6/79 situated in Pedda Thambalam village, Adoni Taluk. D.Hr's value - Rs. 2,500/-; Amin's value - Rs. 3,000/-. Item No. 2: House bearing Dr.No. 3/59 situated in Pedda Thambalarh village, Adoni Taluk. D.Hr's value - Rs. 2,500/-; Amin's value - Rs. 3,000/-. Item No.3 : House bearing Dr.No. 3/59-1 situated in Pedda Thambalam village, Adoni Taluk. D.Hr's value - Rs. 2,500/-; Amin's value - Rs. 3,000/-. Lands situated in Pedda Thambalam village, Adoni Taluk, as per details below: <FRM>JUDGEMENT_151_ALT6_1999Html1.htm</FRM> Land situated in Chinna Thambalam village, Adoni Taluk, as per details below: <FRM>JUDGEMENT_151_ALT6_1999Html2.htm</FRM> In the E.P., the amount due to be recovered was shown to be Rs.24,527-25 ps. in addition to costs of Rs. 529-25 ps. Thus, in all, a sum of about Rs. 26,000/- was due to be recovered from the J.Drs. under the E.P., for which items 1 to 9 were sought to be brought to sale. The sale of the immovable properties was held on 11-2-1982. The sale was knocked down as follows: Item No. Amount realised in Court auction. <FRM>JUDGEMENT_151_ALT6_1999Html3.htm</FRM> One T.G. Eranna Setty was the auction purchaser.

(3.) Questioning the said sale, the appellants-J.Drs. filed the present E.A.contending that the entire sale is vitiated by fraud and collusion and the J.Drs. were not given proper notice before conducting the sale. It was further contended that the sale was held on 11-2-1982 without making fresh proclamations. There were no sufficient independent bidders during the auction held on 11-2-1982. The persons who took part in the auction were none other than the servants and men of the decreeholder, and the auction purchaser is the brother's son of the decreeholder. The properties were sold for grossly inadequate price, which is l/3rd of the value of the properties. The publication in the newspaper is designedly silent about the measurements of the three residential houses. Similarly, the publication and the proclamation are silent about the revenue payable on the lands. The proclamation of sale of land was not affixed in the Collector's office and also at the place where the properties are situated. The taxes payable on the house properties were not indicated in the publication or proclamation. All the above irregularities are incurable which vitiated the sale held in this case. The petition was opposed by the D.Hrs. contending that there were no irregularities in conducting the sale. It is contended on their behalf that there was wide publicity by beat of tom-tom in the village and that all the formalities were duly observed before conducting the sale and, therefore, the sale need not be set aside.