CHHATERBIJAI SINGH Vs. DAMODAR DAS

JUDGEMENT

(1.) Appeal No. 85 of 1931 is from a decision of the Subordinate Judge of Shahabad, the appellants being the judgment-debtors.. The plaintiffs in the suit had obtained a decree against the judgment-debtors for a considerable sum of money and proceeded to sell certain properties belonging to the judgment-debtors as joint family property.

(2.) The property was located in several distinct villages and it was advertised for sale in separate lots and ultimately sold. Certain of the judgment-debtors being share-holders in the defendants family asked that the sale should be set aside under Order 21, Rule 90, Civil P.C., on the ground that there were irregularities in the conduct of the sale and that they had suffered loss or damage on account of such irregularities.

(3.) The learned Subordinate Judge found as a fact, after considering the evidence, that there had been serious irregularities in the conduct of the sale inasmuch as the sale proclamation had not been served on the spot and that the irregularity extended to all the lots which were ultimately sold. But in considering the application to set aside the sale of each and every lot he proceeded to divide the lots into two classes. Notwithstanding that the irregularity extended to the whole of the property sold, he pointed out that as to three of them, on his view of the evidence, no loss could be shewn to have been sustained in respect of those lots inasmuch as the sale price obtained was within measurable distance of the advertised value.