SAADATMAND KHAN Vs. PHUL KUAR

JUDGEMENT

(1.) THE respondent is the proprietor of an estate in the mauza of Jira Rahimpur in Farrukhabad. In April 1890 one Pati Ram obtained a decree for the sum of Rs. 565-9 against her and another as heirs of a recently deceased owner who was Pati Ram's debtor. This decree was transferred to Chunni Lal. On the 10th December in the same year Chunni Lal applied for the attachment and sale of the property. It was pub up for sale on the 20th April 1891, and was bought by the appellant for the sum of Rs. 670. The property is valued at eight or nine thousand rupees.

(2.) IN May 1891, within the time allowed by law, the appellant filed a petition in the Court of the Munsif of Karmganj for the purpose of setting aside the sale under Section 311 of the Code. The Munsif held that, notwithstanding the inadequacy of price, there had been no irregularity within that section which justified him in setting the sale aside, and accordingly he dismissed the petition. On appeal the District Judge took a contrary view and decreed that the sale should be set aside. That is the decree appealed from.

(3.) SECTION 287 of the Code orders that the Court shall cause a proclamation of the intended sale to be made. The proclamation is to specify "as fairly and accurately as possible" several enumerated particulars; and, finally, "every other thing which the Court considers it material for the purchaser to know in order to judge of the nature and value of the property."