AMBI AYYAR Vs. BSUNDARESA AYYAR

JUDGEMENT

(1.) This appeal is against an order of the Subordinate Judge of Kumbakonam, refusing to set aside a sale held on 24 to 26 April 1924, and concluded on 26 April 1924. The appellant complains of several irregularities in the conduct of the sale.

(2.) The first irregularity is not pressed. It relates to the description of the property to be sold. The second irregularity is that the taxes and other payments to which the land is subject was described as Rs. 50 in the proclamation, whereas really it ought to have been Rs. 53-8-2. The property consisted of two lots; lot 1 was subject to an annual assessment of Rs. 51-6-0, and lot 2 to a municipal assessment of Rs. 2-2-2. Thus the total of Rs. 53-8-2 ought to have been mentioned in the column provided for assessment and taxes. But the figure that was mentioned was Rs. 50. The variation is so small that it is very difficult to believe that this variation could have produced any serious injury to the appellant. The price realized in auction is Rs. 7,000, and a small variation would have practically no bearing at all in a sale which resulted in the realization of Rs. 7,000.

(3.) The next irregularity is the one which is most seriously pressed. This relates to the adjournment of the sale from 14 February 1924 to 24 April 1924. The sale was originally fixed to 14 February. On that day the petitioner filed a petition before the Subordinate Judge asking for an adjournment for two months, waiving fresh proclamation. On the petition there was an endorsement by the vakil for the decree-holder: No objection to sale being adjourned without fresh proclamation to 17 April 1924, etc.