L. Narasimha Reddy, J.

One V. Rosaiah obtained loan from Vijayawada Branch of Vijaya Bank, Eluru Road, the 2nd respondent herein, by mortgaging an item of immovable property. Since he did not repay the borrowed amount, the Authorized Officer of the Bank, the 1st respondent herein, published a sale notice on 07-01-2009, proposing to sell the mortgaged item of property. In the notice, it was mentioned that the premises are in an area of 149.76 sq.yards, with a house constructed thereon.

The respondent participated in the auction and emerged as the highest bidder for a sum of Rs.22,25,000/-. The sale was confirmed and sale certificate was also issued.

Stating that the area of the premises, on physical verification is found to be only 96 sq.yards, the respondent got issued a notice to the appellants. A reply was given by the appellants, stating that they are not responsible for the deficiency as to extent. Not satisfied with the reply, the respondent filed O.S.No.1206 of 2009, in the Court of II Additional Senior Civil Judge, Vijayawada, claiming a sum of Rs.9,18,275.67 ps., being the principal amount of Rs.8,19,199/-, representing the proportionate cost of the shortfall a