GOPALA KRISHNA NAICKER Vs. VISVANATHA AIYAR (DEAD)

JUDGEMENT

(1.) THIS petition which originally came before Abdur, Rahim J, has been posted before a Bench because the learned Judge doubted Lakshmi Ammal v. Sankaran Nair and Subbarayudu v. Lakshmi Narasamma (1911) I.L.R, 38 Mad. 775. Confining ourselves to the facts of this case, we are clearly of opinion that the petitioner who acquired a mortgage interest after the Court sale is not a person entitled to apply to set aside the sale under Order 21 Rule 89 Civil Procedure Code. A person having an interest in the property acquired before the sale is authorised to apply to set aside the sale. The petitioner has acquired an interest but acquired it after the sale and therefore does not come within the rule. As regards the further contention that he made the application to set aside the sale as agent of the owner, the Judgment debtor, the Lower Appellate Court has found as a fact that he did not and we cannot interfere in revision. The petition is dismissed with costs.