006-NLR-NLR-V-49-ANGO-NONA-Appellant-and-MUTHTHIRULAPPA-PILLAI-et-al..-Respondents.pdf
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Ango Nona v. Muthlhirnluppa Pillai.
1947Present: Howard C.J. and Soertsz S.P.J.ANGO NONA, Appellant, and MUTHTHIRULAPPA PILLAI,et al.. Respondents.S. C. 214—D. C Negornbo, 6,532
Mortgage decree—Sale by auctionesr—Sale below appraised value—-Legaity of sale.
Where, in execution of a mortgage decree, the Judge directed that the pro-perty should not be sold below the appraised value—
Hsldy that a sale below such value was without legal authority and shouldnot be confirmed.
HOWARD C.J.—Ango Nona v. Muththindappa Pillai.
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Appeal from a judgement of the District Judge, Negombo.
V. Per era, K.C. (with him D. S. L. P. Abeysekera and VernonWijetunge), for the first defendant, appellant.
N.E. Weerasooria, K. C. (with him Naina Marikkar and W. D. Guna-sekera), for the substituted plaintiffs, respondents.
S. J. V. Chelvnayagam, K.C. (with him N. Nadarasa), for the purchaser,respondent.
October 10, 1947. Howard C.J.—
This was a mortgage action in which the mortgagee bad got judgementfor a sum of Rs. 9,010 with interest on Rs. 6,000 at 11 per cent. Therehad been due to the plaintiff payments amounting to Rs. 15,562‘36£.An application was made for the sale of the property and the DistrictJudge directed that each lot of land should not he sold below the appraisedvalue. By an oversight the auctioneer sold lots 3, 5, 6, 7, 8, 10, 11below the appraised value. When the matter was brought to the noticeof the District Judge he appeared to take the view that he had no powerto lay down such a condition as a term of the sale and he thereforeconfirmed a]J the sales. We think that the sale of these particular lotswas made by the auctioneer without legal authority and therefore itcannot stand. We therefore set aside the order of the DistrictJudge confirming the sales of these particular lots. We direct that theappellant should have the costs of this appeal and half the costs of theapplication in the lower Court.
SoErtsz S.P.J.—1 agree.
Order set aside.