AMBATI NARASAYYA Vs. M SUBBA RAO

JUDGEMENT

(1.) We grant special leave and proceed to dispose of the appeal.

(2.) In O.S. No. 821/11973, there was ex parte decree against the appellant for payment of Rs. 2,000/- and cost. In execution of the decree, the appellant's land S. No. 116 at Bayanguda village measuring 10 acres was brought to Court sale. His small farm house was also located in the land. In the auction held the respondent purchased the land for Rs. 17,000/-. The sale was subject to the prior mortgage for Rs. 2,000/- in favour of the Land-mortgage Bank Jangareddigudem. On 31 May, 1976 the sale was confirmed. On 26 July 1976, the appellant filed application under Order XXI, Rule 90 for setting aside the sale. He impeached the auction sale broadly on three grounds namely:(i) That he was the owner of only one acre of land and the remaining 9 acres in the said survey belonged to his father-Siddaiah, (ii) That the land was worth about Rs. 70,000/ - but it was sold for a very low price of Rs. 17,000/- by fraudulent procedure followed by the authorities and (iii) That he was not served with notice before attachment or sale.

(3.) In support of the above allegations, the appellant entered the witness box as PW 2. He has also examined 'four other witnesses besides producing documentary evidence marked as Exs.A-1 to A-3. The auction purchaser in turn has examined three witnesses.