ADANAMOLI CHETTI Vs. CHINNASWAMI REDDI

JUDGEMENT

(1.) This petition arises out of an application to set aside a sale in execution of a decree obtained against a Hindu widow representing the estate of a last male owner. In execution of the deceree three items of property were sold and purchased for Rs. 210, Rs. 450 and Rs. 650 respeetively. The District Judge has committed a slip in stating figures in respect of the 2nd and third items as Rs. 250 and Rs. 600 instead of Rs. 450 and Rs. 650, The petitioner before the District Munsif is a presumptive reversioner who will be entitled to the property after the death of the widow and the application was filed under Order 21, Rule 90, on the ground of material irregularly in the conduct of the sale and the publishing of the proclamation causing substantial injury. The District Munsif holding that there was no irregularity, and also that the properties were sold for the proper prices, dismissed the petition.

(2.) On appeal the District Judge held on the evidence that the properties were sold for grossly inadequate prices. The prices entered in the sale proclamation are Rs. 200, Rs. 110 and Rs. 200 for the three items respectively. The District Judge is therefore, justified in stating that the value of the items given in the sale proclamation was ridiculously low. He then states: There has been therefore material irregularity in the framing of the sale proclamation, and considering the prices fetched at the sale and the prices the items are worth, there can be no doubt that there had been substantial injury by reason of the irregularity.

(3.) No doubt, in the case of Items 2 and 3, on account of a mistake in stating the figures, the actual injury is less substantial than what he supposes, assuming it not to be a slip. The auction-purchaser files this revision petition.