MAHABIR PERSHAD SINGH Vs. DHANUKDHARI SINGH

JUDGEMENT

(1.) This is an appeal under Section 588, Clause (16) of the Civil P. C. from an order of the Subordinate Judge of Gya, setting aside a sale held on the 25 November 1902 in pursuance of an order made on the 11 June 1901 under Section 89 of the Transfer of Property Act. The appellants, the mortgagees, were themselves the auction-purchasers.

(2.) The judgment debtors, the mortgagors, based their application. for setting aside the sale on various grounds of fraud and material irregularity, but the only ground given effect to by the Lower Court is that the order made by the Court on the 22 September, 1902, adjourning the sale to the 24 November 1902, at the request of the judgment-debtors did not specify the hour of sale as prescribed by Section 291 of the Code, and that, therefore, there was material irregularity vitiating the sale.

(3.) The Subordinate Judge has found, and we see no reason to dissent from his finding, that the market value of the property sold is about Rs. 35,000. At the sale the highest bid was offered by the appellants, and that was only Rs. 18,500. The price fetched at the sale was, therefore, inadequate.