Kerala Court April 1957 Judgments
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Philip Vs. Thomas
Court: Kerala
Decided on: Apr-01-1957
Reported in: AIR1958Ker305
Vaidialingam, J.1. This is an appeal filed by the decree-holder-purchaser against the order dated 10th January, 1957, of the learned Subordinate Judge, Meenachil, setting aside the sale held on 21-2-1956, in execution of the decree in O. S. 192 of 1954.2. The first defendant filed an application under Order 21, Rule 90, C. P. C., to set aside the sale , on the ground of material irregularity and fraud in publishing and conducting the sale. The sub- , ject matter of the sale was one hall of Oodukkur right in 7 acres 94 cents of land and a building standing thereon. It was alleged by the first defendant that the sale was conducted on 21-2-1956 without proper notice and that the decree-holder himself purchased the property for Rs. 9-158-0-0.Allegations of fraud and material irregularity in the conduct or publishing of the sale were also made by the first defendant. The first defendant also contended that as the publication of the intended sale was made in 'Kerala Bhooshanam' only on the d...
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