Judgement

Appeal (No. 63 of 1943) from a judgment and order of the High Court (September 24, 1941) which modified a judgment and order of the Subordinate Judge of Mayavaram (February 15, 1939).

The following facts are taken from the judgment of the Judicial Committee—The question in this appeal was whether a sale of immovable property, including land in the village of Tiruvali, made in

Law. Rep. 72 Ind. App. 104 ( 1944- 1945) Marudanayagam Pillai V. Manickavasakam Chettiar

153

execution of a mortgage decree obtained by the respondent against the appellants predecessor, was bad as regards the said land and should be so far set aside under Ord. XXI., r. 90, of the Code of Civil Procedure, on the ground of material irregularity and fraud in publishing and conducting the sale. The mortgage was executed on January 26, 1925, by one Srirangathammal in respect of land in three villages, including that of Tiruvali, to secure the repayment within one year of Rs.36,000, with interest at the rate of fifteen per cent. per annum. The mortgagor was the widow of the last male proprietor of the estate, holding therein the limited interest of a Hindu widow, and the appellant was the next presumptive