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Muthu Kumaraswami Rowthan Minda Nayanar Vs. Kuppusawmi Aiyangar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.82
AppellantMuthu Kumaraswami Rowthan Minda Nayanar
RespondentKuppusawmi Aiyangar and ors.
Cases ReferredHukam Chand Boid v. Kamala
Excerpt:
civil procedure code (act xiv of 1882), section 311 - execution--sale--application to set aside sale--interim order by appellate court staying sale pending disposal of appeal--completion of sale before receipt of stay order from appellate court, effect of. - .....we prefer to follow the judgment of the calcutta high court in bessesswari chowdhurani v. harro sundar mozumdar 1 c.w.n. 226 rather than in the later judgment in hukam chand boid v. kamala-nand singh 33 c. 927.3. there is authority for the proposition that a sale in violation of an order for stay is an irregularity (wee freeman on execution, articles 32,33), though we are not prepared to say that the view of the subordinate judge, that the sale was an irregularity, was wrong. we prefer to rest our judgment on the ground stated.4. the appeal is dismissed with costs (one set).
Judgment:

1. It is admitted that when the sale took place the order for stay made by this Court had not been communicated to the Subordinate Court.

2. We think the order only became effective 'when communicated to the Subordinate Court. On this question we prefer to follow the judgment of the Calcutta High Court in Bessesswari Chowdhurani v. Harro Sundar Mozumdar 1 C.W.N. 226 rather than in the later judgment in Hukam Chand Boid v. Kamala-nand Singh 33 C. 927.

3. There is authority for the proposition that a sale in violation of an order for stay is an irregularity (wee Freeman on Execution, Articles 32,33), though we are not prepared to say that the view of the Subordinate Judge, that the sale was an irregularity, was wrong. We prefer to rest our judgment on the ground stated.

4. The appeal is dismissed with costs (one set).


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