Case: Putti Kondala Rao &amp; Ors Vs. Vellamanchili Sitarattamma &amp; Anr

13. Counsel for the appellant submitted that if we set aside the judgment of the High Court, the matter would have to be remanded for hearing on other points. It will serve no useful purpose to send the matter to the High Court on other questions. There has been substantial justice done to the parties. The judgment of the Trial Court was wrongly reversed by the first Appellate Court.

Reasoning: 12. The features brought out on the materials in this case are that there was proper service and the sale was held on 7 June, 1960 because the previous day was a public holiday. The judgment debtors did not give their valuation. The property sold was subject to mortgages and charge. The decree holders have been kept out of the fruit of the decree for about 17 years. The attempt on the part of the judgment debtors to set aside the sale was an afterthought as was found by the Munsif. The Subordinate Judge was impressed with the suggestion that the property wasThe Subordinate Judge was wrong there. The Munsif was correct in his conclusion and reasons that the property sold was subject to mortgages and charges and was sold at the correct price taking into consideration the price in the neighbourhood and other evidence on record.The High Court found that there was no allegation of substantial injury in the petition. It appears from the record that the Trial Court and the first Appellate Court addressed themselves at length on the question of substantial injury. Parties were heard. They made their submissions. The conclusions of the Trial Court and the Appellate Court are there.The High Court was not unjustified on the materials to hold that the application for setting aside the sale was bald and there was no proper allegation of substantial injury to the judgment debtors. Some times, however, there may not be express allegations of substantial in jury and the same may appear to be implicit from all facts an d circumstances alleged. In the present case, the Trial Court as well as the first Appellate Court heard the parties and decided the case on the footing that there were allegations of substantial injury to the judgment debtors.