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1963 Supreme(AP) 215

SHARFUDDIN AHMED
Kummathi Narayanappa – Appellant
Versus
Talari Akkulappa – Respondent


SHARFUDDING AHMED, J.

( 1 ) THE main question that requires determination in this appeal is whether the petition filed by the judgment-debtors-respondents to set aside the sale is within time or not. The appellant is the decree-holder and auction purchaser in O. S. No. 72 of 1950 on the file of the District Munsif, Anantapur while the respondents are the judgment-debtors. In the execution of decree the properties belonging to the judgment-debtors were sold in E. P. No 124 of 1955 on 9-12-1955. Out of the entire properties sold three items of land were sold and purchased by the appellant for Rs. 715. 00 and the same was confirmed on Some of the judgment-debtors filed E. A. No. 355 of 1956 on 9-4-1956 to set aside the sale under O. 21 R. 90 C. P. C. and Sec. 47 C. P. C. alleging that fraud was played by the decree-holder. There was no proclamation of sale and consequently the property valued at Rs. 11,000. 00 was sold for a very inadequate sum of Rs. 715. 00 thereby causing substantial injury to the judgment-debtors. The petition was resisted by the decree-holder. The learned District Munsif, Anantapur on a consideration of the evidence adduced came to the conclusion that there was no












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