Allamsetti Venkatappadu and ors. Vs. Manda Appalaswami - Court Judgment

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SubjectProperty
CourtChennai
Decided OnApr-30-1940
Reported in(1940)2MLJ487
AppellantAllamsetti Venkatappadu and ors.
RespondentManda Appalaswami
Cases ReferredSomasundaram v. Kondayya
Excerpt:
- - if the decision confirming a sale constitutes the adjudication which is binding it is clearly equally binding whatever be the nature of the subsequent proceedings in which the judgment-debtor attempts to have the sale set aside.king, j.1. i am unable to see how somasundaram v. kondayya (1926) 49 m.l.j. 401 can be distinguished. it is clear that the learned judges in that case held that the decision to confirm a sale was res judicata against a judgment-debtor who could have raised a plea, but did not, that the land was inalienable. if the decision confirming a sale constitutes the adjudication which is binding it is clearly equally binding whatever be the nature of the subsequent proceedings in which the judgment-debtor attempts to have the sale set aside. sitting singly i am bound to follow somasundaram v. kondayya (1926) 49 m.l.j. 401. i must therefore allow this appeal, set aside the order of remand and dismiss respondent's application with costs throughout.2. leave refused.
Judgment:

King, J.

1. I am unable to see how Somasundaram v. Kondayya (1926) 49 M.L.J. 401 can be distinguished. It is clear that the learned Judges in that case held that the decision to confirm a sale was res judicata against a judgment-debtor who could have raised a plea, but did not, that the land was inalienable. If the decision confirming a sale constitutes the adjudication which is binding it is clearly equally binding whatever be the nature of the subsequent proceedings in which the judgment-debtor attempts to have the sale set aside. Sitting singly I am bound to follow Somasundaram v. Kondayya (1926) 49 M.L.J. 401. I must therefore allow this appeal, set aside the order of remand and dismiss respondent's application with costs throughout.

2. Leave refused.