M AGEM RAO Vs. NEERALA BANDI LINGAM
LAWS(APH)-1971-11-5
HIGH COURT OF ANDHRA PRADESH
Decided on November 12,1971

M.AGEM RAO,MADADI NARASIMHA RAO Appellant
VERSUS
NEERLA RANGAIAH,NEERALA BANDI LINGAM Respondents

JUDGEMENT

- (1.) The two appeals arc by some of the defendants in O. S. No. 10 of 1961 and O S. No. 9 of 1961 on the file of the District Munsif, Sircilla, against whom a decree was passed by the trial court and confirmed in A. S, No. 9 of 1966 and A. S. No. 10 of 1966 by the learned District Judge, Kareemnagar. The appellants in S A. No. 610 of 1970 are defendants 2, 3 and 7 and the appellants in S. A. 611 of 1970 are defendants 2 and 7 who are the auction purchasers at a revenue sale held for the recovery of certain excise arrears due from the respective plaintiffs-respondents herein.
(2.) The lands which form the subject matter of this appeal were brought to sale for the recovery of excise arrears from the plaintiffs- respondents therein. A demand notice was issued on 14-4-1955 for the arrears due from the plaintiffs. The properties in question were attached on 16-5-1955 and the lands were proposed to be put to sale on 23-10-1956. But before the date of auction the arrears due were paid and consequently the sale was not held. There was another amount of Rs. 3,147-15 Ps. due from the plaintiffs for which the demand notice was served on the plaintiffs on 7-11-1956. The Tahsildar who was required to realise the amount by sale of the plaint schedule properties obtained permission on 12-12-1958 from the Collector to bring them to sale. These properties, however, dp not seem to have been attached before they were brought to sale. No proclamation was also issued fixing and proclaiming any date for the auction. The auction was however held on 13-8-1959. The Collector who is the competent authority to confirm the auction, refused to confirm the auction.
(3.) Thereupon the Tahsildar ordered fresh auction on 25-9-1959 and held the same on 1-10-1959. Before holding the auction on 1-10-1959 no proclamation was issued. This auction was confirmed by the Collector on 10-11-1959. It is at this auction that the defendants purchased the plaint schedule property, The plaintiffs claimed that the entire auction proceedings are null and viod ; (1) for want of attachment of the properties before sale, and (2) for failure to issue the proclamation.;


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