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1968 Supreme(Mad) 390

ISMAIL
B. Susila – Appellant
Versus
Saraswathi Ammal – Respondent


Advocates:
P. Balasubramaniam, for Appellants; C. S. Swaminathan, for Respondents.

Judgement

JUDGMENT :- This is an appeal against an order of the learned Second Additional Subordinate Judge, Tiruchirapalli, dated 21-4-1965, dismissing E. A. No. 297 of 1964 in O. S. 107 of 1953. The said E. A. itself was filed by supplemental defendants 3 and 4 in O. S. 107 of 1953, under O. 21, R. 90, Civil P. C., for setting aside a sale of the house property sold in execution of the decree passed against them in O. S. No. 107 of 1953 on 19-6-1963. The sale was knocked down in favour of the first respondent for a sum of Rs. 2,05,000, on 19-6-1963 and the application was filed on 17-7-1963. In the said application, the appellants herein had taken the following three grounds for the purpose of setting aside the sale: (1) due notice of the execution or of the application to reduce the upset price has not been served on the petitioners; (2) the property has been sold for a grossly inadequate price inasmuch as the decree-holder has been able to knock off the property for a price which will be a third of its real value; and (3) that by reason of the fraud committed by the decree-holders in getting the upset price reduced, i.e., without notice to the petitioners, the property did not f











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