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S. K. Veeraswami Pillai Vs. Kalyanasundaram Mudaliar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1927Mad1009
AppellantS. K. Veeraswami Pillai
RespondentKalyanasundaram Mudaliar and ors.
Cases ReferredSaadatmand Khan v. Phul Kuar
Excerpt:
- - when the decree-holder and the judgment-debtor differ hopelessly as to the probable value of the property, a statement as to the value by the court is at best a guess and the court may, in the circumstances of a particular case, consider it better to abstain from such guess.1. it has never been held that the omission to state the value of the property is a material irregularity. when the decree-holder and the judgment-debtor differ hopelessly as to the probable value of the property, a statement as to the value by the court is at best a guess and the court may, in the circumstances of a particular case, consider it better to abstain from such guess. the case in saadatmand khan v. phul kuar [1898] 20 all. 412 decided that where a court has chosen to state the value in the proclamation, a gross under-statement is a serious irregularity. the other cases relied on by the vakil for the appellant do not help him the appeal fails and is dismissed with costs.
Judgment:

1. It has never been held that the omission to state the value of the property is a material irregularity. When the decree-holder and the judgment-debtor differ hopelessly as to the probable value of the property, a statement as to the value by the Court is at best a guess and the Court may, in the circumstances of a particular case, consider it better to abstain from such guess. The case in Saadatmand Khan v. Phul Kuar [1898] 20 All. 412 decided that where a Court has chosen to state the value in the proclamation, a gross under-statement is a serious irregularity. The other cases relied on by the vakil for the appellant do not help him The appeal fails and is dismissed with costs.


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