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2009 Supreme(Ker) 635

V.RAMKUMAR
K. P. Chandrad – Appellant
Versus
A. Nizar – Respondent


Advocates Appeared:For the Petitioners:K.V. Sadananda Prabhu, Advocate. For The Respondents:C.A. Chacko, Advocate.

Judgment :

The sole defendant in O.S.No.157 of 1994 on the file of the Sub Court, Alappuzha is the appellant in this Appeal. The said suit, instituted by one Sajit John who was the predecessor- in-interest of respondents 2 to 4 herein, was one for specific performance of an agreement for sale. The agreement for sale was marked as Ext.A1 dated 15.10.1993. The said suit was contested by the appellant and as per judgment and decree dated 6.2.2001, the Court refused to grant specific performance of the contract but instead granted a decree for return of the advance amount of Rs.30,000/-with interest due thereon. Since the appellant did not pay the amount decreed, his property was brought to sale. Initially 7 = cents out of 21 cents of property valued at Rs.60,000/-was put up for sale. As per the final sale proclamation the entire 21 cents shown as worth Rs.60, 000/- was put up for sale and was sold on 29.2.2008 for a sum of Rs.1,01,200/- which works out to Rs.4819 per cent. On 28.3.2008, the appellant filed E.A.No.184 of 2008 under Order 21 Rule 90 C.P.C for setting aside the sale on the ground that a low price was shown for the property, that the sale proclamation contained a mis- desc





















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