Venkataramana Rao, J.

1. The question in this appeal relates to the validity of a sale of immovable property in execution of the decree in O.S. No. 290 of 1934 on the file of the District Munsifs Court of Narsapur obtained by the appellant against one Nekkanti Suryanarayana and his two sons. The property was sold on 2nd October, 1935 and purchased by the appellant the decree-holder himself. An application was made by the said Nekkanti Suryanarayana the first judgment-debtor to set aside the sale alleging that there were material irregularities and fraud in the conduct of the sale in consequence whereof the property did not fetch a fair price. He also impeached the sale on the ground that before the date of the sale he had filed an application in the Sub-Court of Narsapur for his being declared an insolvent, that the said petition was admitted and an interim receiver appointed, that he applied to the Court (the District Munsif of Narsapur) to stop the sale but the Court declined to do so and the sale was therefore in contravention of Section 52 of the Provincial Insolvency Act. The learned District Munsif, on a consideration of the evidence adduced, came to the conclusion tha