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1995 Supreme(SC) 294

S.C.AGRAWAL, FAIZAN UDDIN
P. Udayani Devi – Appellant
Versus
V. V. Rajeshwara Prasad Rao – Respondent


Advocates:
Alok Dhir, Asha N.Nair, C.BALASUBRAMANIAM, L.P.Dhar, M.M.KASHYAP, MANISHA DHIR, R.F.NARIMAN, RAM KUMAR

JUDGMENT

S. C. AGRAWAL, J. : —Leave granted.

2. We have heard learned counsel for the parties.

3. These appeals are by the auction purchaser of a property sold to him in execution proceedings. A money decree was passed against respondent No. 1 in O.S. No. 148 of 1970 filed by respondent No. 2. In execution of the said decree the property of respondent No. 1 was sold by auction on March 26, 1985 to the appellant whose bid of Rs. 3,01,000/- was the highest. In the sale certificate dated April 8, 1987 the property that was sold was thus described in the Schedule:

"East Godavari District, Rajahmundry Taluk, Gandhi-nagaram, Block No. II, Rajahmundry belonging to the judgement debtors and named as "Chandrika Nilayam" in S.S. No. 67 and present No. 21-6 terraced house, situated within the following bounderies -

East : House of M. V. Reddy

South : Main Road

West : Park

North : House of Mullapudi Satyanarana"

4. The same description was given in the sale proclamation. Before issuance of the sale certificate respondent No.1 had filed petitions, E.A. Nos. 387 of 1985 and 506 of 1985 under Order 21 Rules 90 and 91, C.P.C. for setting aside the sale which was held on March 26, 1985. One of the grounds






















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