MADRAS HIGH COURT
, J
Rajagopal Naidu V. v. Muthulakshmi Ammal and Others
| Table of Content |
|---|
| 1. appellant challenges sale execution, citing non-compliance in notice and valuation. (Para 1 , 2) |
| 2. the requirement for correct sale proclamations is essential for lawful property sales. (Para 3 , 4) |
| 3. deficiencies in statutory requirements cannot be ignored or waived. (Para 5 , 6 , 7) |
| 4. courts must adhere to established requirements; failure impacts ability to declare valid sales. (Para 8 , 9) |
| 5. the sale was set aside due to significant procedural irregularities and inadequate price. (Para 10 , 11) |
1.The judgment - debtor - petitioner, aggrieved by the orders of the lower court who refused to set aside a sale of the property in execution of a money decree, canvasses the legality of the same, as petitioner in this court. The petitioner's case is that the property has been valued by him even at the stage when it was attached before judgment at Rs. 6500. After the suit ended in a compromise decree, the attachment having been raised, that first respondent - decree - holder reattached the property in execution. The property consists of two items (1) garden land of an extent of 74 cents and (2) cultivable land of an extent of 58 cents with a well in it. In E. P. 632 of
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