IN THE HIGH COURT OF MADRAS
Jackson
Thiruvengadasami Iyengar
Versus
Govindasamy Udaiyar And Ors.
Decided On : 30 March, 1927
Valuation - Sale - The court's direction regarding the sale was held to be correct within the terms of Order 21, Rule 66. The court is required to state anything material for a purchaser to know and may rely on a fair and accurate report of value given by three persons.
Fact of the Case:
The court considered the correctness of its direction regarding the sale in light of relevant legal provisions.
Finding of the Court:
The court found its direction to be correct within the terms of Order 21, Rule 66 and dismissed the stay petition as unnecessary.
Issues: The issue was whether the court's direction regarding the sale was correct based on the relevant legal provisions.
Ratio Decidendi: The court is required to provide material information for a purchaser to know and may rely on a fair and accurate report of value given by three persons.
Final Decision: The court dismissed the stay petition as unnecessary and ordered the memorandum of costs to follow.
Jackson, J.
1. The question is raised whether in the light of Munshi Raghunath Singh v. Hazari Sahu [1917] 2 Pat. L. J. 130 my direction as regards the sale was correct. I cannot see that it is incorrect within the terms of Order 21, Rule 66. A Court undertaking to give valuation which would be a real guide to a bidder even if it did not inspect the property itself, would at any rate, have to accumulate copious data and hold an elaborate inquiry. The law requires that the Court as fairly and accurately as possible shall state anything which the Court considers material for a purchaser to know. If it considers a fair and accurate report of the value given by three persons material for the purchaser and nothing more in that particular respect, the Court will not, in my opinion, have erred. If it itself mistakes the value, that is an entirely different matter, and it is that which the Privy Council, is considering in Sadatmand Khan v. Phul Kuar [1898] 20 All. 412 cf. Sivasami Naicker v. Ramasami Naicker [1900] 23 Mad. 568 The same view as that which I have endeavoured to set forth is held by the Calcutta Bench in Kashi Pershad Singh v. Jumna Pershad Sahai [1904] 31 Cal. 922.
2. The stay petition is not now pressed as being unnecessary and it is dismissed with costs.
3. Memorandum of costs will follow.
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