GOVINDA PADAYACHI Vs. VELU MURUGAYYA CHETTIAR

JUDGEMENT

(1.) In this case the auction purchaser is the Appellant. He got a decree which on the date of sale amounted to Rs. 2,127 odd. The judgment-debtor was an undivided member of a joint Hindu family entitled to an undivided one-fifth share in the family property. At the request of the appellant the property which was the total property of the family was divided into two lots for sale.

(2.) The Court had given standing instructions that in Court sales no bid was to be finally accepted before the Court had sanctioned it. The District Munsif had also informed the Deputy Nazir, who conducted the sale, that in this sale he should not sell more than would realize the decree amount. The first lot was valued at about Rs. 940. It had a usufructuary mortgage on it for Rs. 400.

(3.) It was put up for sale first and the decree-holder purchased it for Rs. 950. Then the second lot was put up and he purchased this for Rs. 2,275. When the Dy. Nazir brought the papers to the Court in the evening for confirmation he told the District Munsif that the bids had fetched more than the Commissioner's valuation; but he did not inform him that the bid for the second properly was enough to cover the decree amount. The District Munsif not realizing this confirmed both bids. The decree-holder paid the balance of about Rs. 1,000 due into Court on the same day and on the next day the District Munsif discovered his error. The judgment-debtor Ramaswami Chetti had died by the time of the sale and his legal representatives were his two sons, of whom one was said not to be in British India.