SAMINATHA PILLAI Vs. SAMINATHA IYER

JUDGEMENT

(1.) WE are not prepared to say that the confirmation of the sale would necessarily be a bar to an application of this kind if the applicant were able to show that the fact that the sale was voidable under Section 99, Transfer of Property Act, was kept from his knowledge until after the confirmation of the sale. But the person who brought the property to sale here was not the mortgagee but a third party. The appellant no doubt alleges that the suit in which the money decree was obtained was conducted in the interest of the mortgagee but even so the decree was not in favour of the mortgagee and the person who brought the property to sale was not the mortgagee though he may have had an understanding with the mortgagee in respect of the fruits of the decree.

(2.) WE do not think the case is not within the provision of Section 99, Transfer of Property Act. the appeal is dismissed with costs.