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1951 Supreme(Mad) 149

PANCHAPAGESA SASTRI
Boggrapu Venkatasubbiah – Appellant
Versus
Chenchupalli Peeriah – Respondent


Advocates:
The Government Pleader (P. Satyanarayana Raju) and Ch. Suryanarayana for Appellants.
K. Umamaheswaram for Respondents.

Judgment.-

These appeals arise out of a suit instituted by the plaintiff for a declaration that certain sales in execution of an award by a Co-operative Society are invalid. The award was passed in 1931. Some amounts were realised through the agency of the Collector in 1934 and an execution application was filed in 1936. There we’re sales of certain properties which on objection was set aside. There was a direction for resale of the items already brought to sale and also two other items being mortgaged properties which were originally not brought to sale. These items were again put up for sale in 1934. The sales were confirmed by the Department and the objections filed by the judgment-debtor were disallowed. Finally he brought the present suit. The lower appellate Court has now found that there were certain irregularities in the conduct of the sale and there has been an injury caused to the plaintiff because the price realised was inadequate. The lower appellate Court decreed the suit holding that the civil Courts had jurisdiction to decide the matter. The second appeals are now filed questioning the correctness of the decision of the lower appellate Court which had reversed the dec






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