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1960 Supreme(Mad) 231

RAMACHANDRA.IYER
Veeraiyya Kalingarayar – Appellant
Versus
The Trichy District Board represented by its President – Respondent


Advocates:
R. Sundaralingam, for Appellant.
B. V. Viswanatha Ayyar, for Respondents.

Judgment:-

This is a rather extraordinary case. On 2nd September, 1957, there was a sale in execution of the decree in O.S.No. 214 of 1952 on the file of the District Munsif’s Court, Tiruchirappalli. The auction-purchaser, who is the appellant in this appeal deposited 25 per cent of the price. Within the time limited by law and the conditions of the sale proclamation, he deposited the balance of 75 per cent in the treasury. This was on 14th September, 1957. But unfortunately, the purchaser, who did not engage or was advised by a legal practitioner and who,

I am told, was illiterate as well, did not know the rules of Court under which the receipt issued by the treasury should have to be lodged in Court. Rule 158 of the Civil Rules of Practice provides for the payment of the purchase price into the bank or treasury, the receipt from which should be deposited in Court. The appellant appears to have thought that the receipt was intended for his own purposes. He did not put it into Court . On 14th October, 1957, the Court, not having been apprised of the fact that the purchaser had performed his obligations in its entirety, directed a re-sale of the property. By that order the executing C




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