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1966 Supreme(Ker) 229

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
NARAYANAN NAMBUDIRIPAD – Appellant
Versus
THOMMAKUTTY – Respondent


Judgment :-

1. The decree holder auction purchaser is the revision petitioner. In execution of the decree the decree schedule properties were sold in court auction on 6 21951 and purchased by the decree holder for Rs. 154.37 in satisfaction of the decree. The court auction was confirmed on 10 31961. The respondents who are the judgment-debtors filed an application on 20 31961 under S.47 and 151 and 0.21, rule, 90, C. P, C. to set aside the court sale. The execution court held that in view of the omission to affix the proclamation of sale in the property sold and the omission to publish the same by beat of drum there was material irregularity and fraud in publishing and conducting the sale as a result of which the respondents sustained substantial injury. The learned Munsiff also took the view that the application to set aside the sale filed on 20-3-1961 was not barred by limitation as the respondents were entitled to the benefit of S.18 of the Limitation Act. The learned District Judge though concurred with the learned Munsiff in setting aside the sale took the view that the omission to affix the proclamation of sale on the property sold and the omission to publish the same by beat























































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