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1997 Supreme(Mad) 766

S.S.SUBRAMANI
Subramaniyan – Appellant
Versus
Sadaya Padayachi – Respondent


Advocates Appeared:
For the Petitioners:P.S. Srisailam, Advocate.
For the Respondent:M. Satyanurayanan, Advocate.

Judgment :-

1. This revision is filed by the legal heirs of the judgment- debtor in O.S.No.104 of 1981, on the file of District Munsifs Court, Perambalur.

2. The material averments may be summarised as follows:

The original defendant Andi Padayachi is the judgment-debtor in the case. First respondent herein filed a suit and obtained simple money decree against the defendant. In execution of the decree, property belonging to deceased defendant was attached for realisation of the decree amount on 27.11.1982. The decree amount payable as per the Execution Petition was below Rs. 9,000. For realising this amount, 6 acres of land with various trees and a well were brought to sale. It is the case of the defendant that there was no proper proclamation for sale and he was also not given prior notice before settlement of proclamation.

3. Originally the upset price was fixed at Rs.40,000 and the entire property was brought to sale. The sale was posted on 1.2.1984. On that date, the sale did not take place for want of bidders. Immediately thereafter, first respondent/decree-holder filed an application to reduce the upset price. Case of the defendant is that he has not been served with any notice




































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