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1962 Supreme(Ker) 14

M.MADHAVAN NAIR
K. V. Kunhikannan – Appellant
Versus
. – Respondent


Judgment :-

1. This petition is to revise an order in O.S. No. 16 of 1955 on the file of District Court, Trivandrum, accepting the proclamation for sale submitted by the decree-holder. To the draft proclamation filed by the decree-holder several objections were taken by the judgment-debtors, such as

(1) That the estimated value of the property at Rs. 35,000/- is too low, the same being worth above Rs. 3,00,000/-.

(11) that the area of the property is really 71 cents and not 59 cents; and

(111) that the description of the property does not cover all the buildings thereon.

The court below has summarily rejected those objections and accepted the draft filed by the decree-holder.

2. O.21 R.66 CPC. as amended in Kerala requires a proclamation for sale to specify the value of the property as stated (i) by the decree-holder, and (ii) by the judgment-debtor. When the disparity in the prices mentioned by the two parties is substantial the court below ought to have incorporated both the prices in the proclamation as enjoined by the rule. It is stated by counsel for the judgment debtors and not disputed by counsel for the decree-holder, that the property to be proclaimed is situated in the heart o



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