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1969 Supreme(Online)(Mad) 7

MADRAS HIGH COURT
, J
Rajagopal Naidu V. v. Muthulakshmi Ammal and Others


Advocates:
For the Appellants/Petitioners: K. Mohan
For the Respondents: K. Raman

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 1962, the property was valued by the village munsif itemwar at Rs. 800 and Rs. 1000 each. Incidentally the second item of the property was subject to an encumbrance in favour of the Co - operative Society from whom the judgment - debtor secured a loan to widen the well. After the property was attached in execution, the petitioner's case is that no notice was validly served on him under O. 21 R. 66 C. P. C. when the sale was directed. Even in the proclamation of sale Ex. C. 2 only the decree - holder's valuation and t






















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