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1961 Supreme(Ker) 125

M.MADHAVAN NAIR
Govinada Kymal – Appellant
Versus
Velu – Respondent


Judgment :-

1. The judgment-debtor's property having been sold in execution on June 6, 1956, petition to set aside the sale under 0.21, R.90 was filed in due time, and thereby its confirmation was averted. On September 11, 1956 the Travancore-Cochin Indebted Agriculturists Relief Act 3 of 1956 came into force; and on November 8, 1956, the judgment-debtor filed a petition before the executing court to allow him to discharge the decree as per the provisions in that Act and nullify the sale. On November 26,1956, the learned Munsiff found that the defendant has not made out "any material irregularity or fraud in the conduct of the sale," dismissed the petition under 0.21 R.90, held that "merely because the sale was not confirmed the petitioner cannot be considered to have any right in the property sold; by the sale the rights of the petitioner have ceased in the decree-schedule properties; he cannot therefore claim any relief under Act 3 of 1956", and dismissed the latter petition also. The judgment-debtor took the matter in appeal. C.M.A. No. 40 of 1957 was against the order dismissing the petition under 0.21, R.90, and A.S. No. 15 of 1957 against the order disallowing the petition un

































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