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1957 Supreme(Ker) 89

KOSHI, VAIDIALINGAM
Philip – Appellant
Versus
Thomas – Respondent


Judgment :-

1. This is an appeal filed by the decreeholder-purchaser against the order dated 10th January 1957, of the learned Subordinate Judge, Meenachil, setting aside the sale held on 21-2-1956, in execution of the decree in O. S.192 of 1954.

2. The first defendant filed an application under order XXI R.90 C. P. C. to set aside the sale on the ground of material irregularity and fraud in publishing and conducting the sale. The subject matter of the sale was one half of Oodukkur right in 7 acres 94 cents of land and a building standing thereon. It was alleged by the first defendant that the sale was conducted on 21-2-1955 without proper notice and that the decreeholder himself purchased the property for Rs. 9458-0-0. Allegations of fraud and material irregularity in the conduct or publishing of the sale were also made by the first defendant. The first defendant also contended that as the publication of the intended sale was made in "Kerala Bhooshanam" only on the date of the actual sale, namely 21-2-1956 the sale is illegal and void. The application was contested by the decree holder purchaser (the Appellant herein) on the ground that there was no material irregularity or fraud i

















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