A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Janaki – Appellant
Versus
V. R. S. Krishnan – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
These matters of different nature of litigation revolve around a challenge made to the sale in O.S.No.1/1964 on the file of the District Court, Palakkad. The lead case in this batch, O.P.No.33731/2002 is filed invoking Article 227 of the Constitution.
2. Late V. Madhava Raja owned several parcels of land and properties. He had income tax, wealth tax and agricultural income tax dues. On his demise, a suit for partition was initiated. A preliminary decree was passed. Based on the report of the Commissioner, all parties have agreed for the sale of Devi Vilasam Palace, Item No.9 of ‘C’ scheduled property in the preliminary decree; this was to clear income tax arrears. The property was sold in auction based on the orders of the Court on 08.04.1992 for Rs.31,15,000/-. Bidders were Dr. V.R.S. Krishnan, K. Radhakrishnan and T.R.K. Das. This was not a sale in execution. It can be treated as a sale invoking Rule 234 of Civil Rules of Practice. The sale was also confirmed. There were several intervening litigations. We are not referring to the entire litigation as the scope of present litigation is centered around the power of this Court invoking Article 227 of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.