KUNTALA BEWA Vs. SADHU CHARAN MOHANTI

JUDGEMENT

(1.) THE disputed land comprising of an area of 7. 89 acres admittedly belonged to kuntala (Judgment-debtor-petitioner ). In execution of a decree for rent of Rs. 79. 59 paise. it was put to sale on 10-4-58 at the instance of Mahanta Srinivas ramanuja (decree-holder-opposite party No. 2) Sadhucharan Mohanti (auction purchaser opp. party No. 1) purchased the property for Rs. 150. The value of the property in dispute in the sale proclamation was given at Rs. 100. On 8-7-58 the petitioner tiled an application under Section 228 (2 ). Orissa Tenancy Act, for setting aside the sale on the ground of material irregularity or fraud in publishing or conducting the sale. There was an allegation that the applicant had sustained substantial injury by reason of such irregularity or fraud. The petitioner deposited the amount recoverable from her in execution of the decree. The Rent Execution Officer recorded the following findings :

(2.) MR. Mohapatra assailed the appellate judgment on the following grounds :--

(3.) MR. Dasgupta does not assail the concurrent findings that the value of the disputed properly would be Rs. 2,200 to Rs. 2,500 and that by sale of such properly for Rs. 150 substantial injury had been sustained. He however, contends that the judgment-debtor had full notice of the execution case and of the attachment and sale proclamation, she is estopped from challenging it now. He also contends that mere under-valuation by itself is not a material irregularity or fraud in publishing or conducting the sale.