NATARAJAN, J. :- This civil revision petition has come before us pursuant to a reference made by Ratnam, J. that the matter may be dealt with by a Bench for having an authoritative pronouncement on the question enunciated below-

"Whether an executing court has no power to fix the upset price for the sale of property and consequently, no power as well to reduce the same ?"

The contention of the revision petitioner is that the executing Court has no power to fix the unset price and hence it has no power also to reduce the same. Ratnam, J. noticed that such a contention has been upheld by Sathiadev. J. in Kanniayan v. Chidambaram Finance Corporation. C.R.P. No. 2791 of 1979 of this court dated 11-1-1980, 1980 TNLJ 33; Betha Gounder v. Dharmasubramania Iyer, C.R.P. No. 1277 of 1977, D/-22-6-1978 and Kamadhenu Bailings v. Secretary Guruvayur Temple Renovation Committee, Kerala, C.R.P. No. 1127 of 1978, D/-22-7-1978. The referring Judge also noticed that Ramanujam. J. in Ramaswami Gounder v. Subramania Iyer, C.R.P. No. 163 of 1979, D/-12-2-1979 and Nainar Sundaram, J. in K.A. Raju v. Sivaprakasam, C.R.P. No. 1536 of 1979. D/-31-8-1979, have taken a contrary view and held that the