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1940 Supreme(Mad) 370

ALFRED HENRY LIONEL LEACH
Gunturu Seeta Ramanjaneyulu, minor by mother and guardian Seetamma – Appellant
Versus
Vishnubhotla Ramayya – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. On the 9th of May, 1934, the first respondent obtained a money decree in the Court of the District Munsif of Masulipatam against the third respondent and his son, the appellant, who is a minor. So far as the appellant was concerned, the decree was limited to his share in the family property and the assets of the estate of his-deceased grandfather in his hands. On the 15th of March, 1937, 19.26 acres of land were sold by the Court in execution of this decree. This land had Seen attached by the decree-holder on the ground that it represented joint family property. The second respondent became 4he purchaser on the 14th April, 1937. The appellant then filed an application in execution proceedings asking that the sale be set aside. He asserted that the property sold was his self-acquired property, that no notice had been issued to him as required by Order 21, Rule 22 of the Code of Civil Procedure and that there had been material irregularity in the publication of the sale, the result of which was that the property had been sold at considerably less than its real value. This application purported to be made under the provisions of Sections 47 an














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