DOODALA RUDRAYYA Vs. RAJAH SAHEB MEHARBHAN I DOSTAN SREE RAJAH RAVU VENKATA KUMARA MAHIPATHI SURYA RAO BAHADUR GARU SARDAR, RAJAHMUNDRY CIRCAR AND MAHARAJAH OF PITHAPURAM

JUDGEMENT

(1.) The respondent in this second appeal obtained a decree for arrears of rent due in respect of holding No. 88 in the village of Somapara in the Pittapur estate in L. S. No. 251 of 1938 on the file of the Deputy Collector, Coconada, against the appellant and others and in execution of this decree, an extent of one acre and 24 cents in that holding was brought to sale as property belonging to the present appellant and it was purchased by the respondent on the 26 October, 1941. The respondent and his alienee (the sixth defendant) were prevented from obtaining possession of the property and on the allegation that there was a trespass by the defendants subsequent to the delivery, the respondent brought a suit out of which the present appeal arises for recovery of possession of the entire property from defendants 1 to 5 and 7 to 9.

(2.) Though the entire extent of one acre and 24 cents was described as belonging to the appellant, it is now common ground that one acre of that extent belongs to defendants 2 to 5 and only 24 cents belong to the first defendant (appellant). The District Munsiff of Coconada found that defendants 2 to 5 had not been served with any notice of execution; in fact the property had been brought to sale as the property of the first defendant. He therefore held that the sale was void in respect of the one acre of land belonging to defendants 2 to 5 but he found the sale to be valid in respect of the 24 cents belonging to the first defendant and granted a decree against him in respect thereof. There was an appeal by the first defendant and the learned Subordinate Judge has confirmed the decision of the District Munsiff. This second appeal is by the first defendant.

(3.) The only point which requires consideration in this second appeal is whether the sale in its entirety should be set aside because of lack of notice to defendants 2 to 5 or should the sale be held valid in respect of the 24 cents belonging to the first defendant.