SEETHAMMAL versus SENTHIL FINANCE AND ANR.

SEETHAMMAL versus SENTHIL FINANCE AND ANR.

The auction sale conducted by the executing Court was illegal as the property was sold for an unduly low price and the respondent-mortgagee himself purchased the property when no other bidders came forward.

Parties
Appellant: Seethammal; Respondent: Senthil Finance
Jurisdiction
India
Judgment Date
15 March 1996
Procedural Posture
Civil Appeal / Appeal Against High Court Order Affirming Executing Court Rejection
Outcome
appeal allowed
Legal Topics
Execution of Decree, Auction Sale, Challenge to Validity of Auction Sale
Civil Procedure Execution of Decree Auction Sale Challenge to Validity of Auction Sale

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Parties

Seethammal

Appellant

Senthil Finance

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Affirming Executing Court Rejection

Legal Issues

  1. 1 Whether the auction sale conducted by the executing court was illegal
  2. 2 Whether appellant/judgment-debtor is entitled to challenge the validity of the sale under Order 21, Rule 97, CPC

Ratio Decidendi

The auction sale conducted by the executing Court was illegal as the property was sold for an unduly low price and the respondent-mortgagee himself purchased the property when no other bidders came forward.

Court Disposition

appeal allowed

Orders

  • Appellant directed to deposit 18% interest from the date of sale (January 20, 1992) till date on Rs. 15,100 deposited by respondent, which respondent may withdraw.
  • Appellant to pay Rs. 2,000 towards poundage fee.