GANJA SATYAVATAMMA Vs. NIMA CHITI APPAVYAMMA

JUDGEMENT

(1.) THE appellant is the daughter and one of the legal representatives of the deceased third dfendant against whom, the decree-holder had decretal dues of more than Rs. 15,000/-Two sets of properties were put to sale. Six houses at nowrangpur were sold for Rs. 14,250/ -. This property was given by way of security. The property, which is the subject-matter of this appeal, is situate at jeypore. All the properties were put to sale on 21-9-1961. The bid for Newrangpur property came up to Rs. 9000/ -. As the upset price for this property had been fixed at Rs. 15,000/, the bid was not accepted and the sale was adjourned. The bid in respect of Jeypore property was, however, accepted. Item-was sold for Rs. 400/- and item 2 for Rs. 5100/ -. The sale in respect of item-2 was set aside on 23-9-1961. The appellant filed an application on 26-10-1961 questioning the validity of the sale of the Jeypore property on the ground that on 1-11-1960, with the consent of the decree-holder and the judgment-debtors, the District Judge passed an order to the following effect :

(2.) MR. P. V. B Rao contends that the Nowrangpur property was sold by lots on 2112-1961 for Rs. 14,250/- and the balance decretal dues would come to about Rs. 1800/- and that if Jeypore property had not been sold earlier contrary to the direction given by the learned District Judge on 1-11-1960, the appellant could have deposited the balance Rs. 1800/- in cash and would have protected the jeypore property from sale. The sale of the Jeypore property being contrary to the direction of the Court is a nullity and must be set aside under Section 47, C. P. C.

(3.) THE following points arise for consideration :