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1956 Supreme(AP) 25

CHANDRA REDDY
Manasani Anasuryamma – Appellant
Versus
Maddula Venkatagirirao – Respondent


Advocates:
K. Kotayya, for Appellants; Ch. Sankara Sastry (Amicus curiae).

JUDGMENT : The petitioners in the lower Court are the appellants here. Their application under S. 47, Civil P. C., to set aside the sale held on 30-8-1948 was dismissed by the District Munsif of Repalle both on the ground that it was barred by limitation and also that no irregularity was committed in the conduct of sale. This was confirmed on appeal by the Subordinate Judge. The second appeal is brought by the aggrieved petitioners against this order of the lower appellate Court.

2. In order to appreciate the contentions arising in this appeal, it is necessary to set out the material facts. Respondent 1 filed a suit on the foot of a promissory note against one Mir Mahommed Saheb and attached the properties in dispute before judgment. He obtained a decree on 13-11-1934 for Rs. 1331-11-6 with interest at the contract rate from the date of suit and costs.

Between the date of the decree and 17-7-1935 payments amounting to Rs. 1500/- were made. The judgment-debtor sold one of the properties attached, namely, item 3 under Ex. A-3 dated 27-8-1936 to one Veerayya for Rs. 1800/- in discharge of a debt due to the latter. The vendee conveyed this property under two documents to his two daughter































































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