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1957 Supreme(Mad) 271

GANAPATIA PILLAI
Lakshmi Ammal – Appellant
Versus
Thangaraju Padayachi – Respondent


Judgment

The Civil Revision Petition is filed by an auction-purchaser, one Lakshmi Ammal, against the order of the Subordinate Judge of Kumbakonam in I.A. No. 187 of 1956 in O.S. No. 10 of 1955. To appreciate the question arising for determination in this petition, it is necessary to state the following facts.

O.S. No. 10 of 1955 was a partition suit between co-sharers and in that suit, after the preliminary decree was passed for partition, an advocate-receiver was appointed by the Court with power to sell some items of property concerned in the suit. Accordingly, that receiver sold on the 16th June, 1956 one item of property S. No. 5/2, 73 cents in extent, in public auction. The present petitioner, Lakshmi Ammal, was the highest bidder in the auction and her bid of Rs. 701 was accepted by the receiver and he reported to the Court the fact of the highest bid received at the auction, held by him. After the conclusion of the auction, one Thangaraju Padayachi, the respondent to this revision petition, filed an application before the receiver expressing his willingness to purchase the property for a sum of Rs. 801. The receiver forwarded this application also to the Court of the Subordin




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