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Note "First, where . . · · ^ deposited within aforesaid time. purchaser.'* Where the decree-holder auction purchaser who P. Sivaramakrishnayya -- for Appellant. has obtained permission to set off deposits the dif ference between the amount for which he purchased A. Lakshmayya and N. F. B. Sankar Bao -- for Respondent. the property and the amount due to him under the decree, within 15 days from the date of the sale the Judgment.--These arise of an application provisions of O. 21, R. 85 are complied with. It is to execute the decree in O. S. No. 53 of 1935 not necessary for the decree-holder auction purchaser to pay within 15 days from the date of sale that on the file of the District Munsif's Court of portion of the amount that may be payable rateably Masulipatam. It was a simple money decree. to the other creditors who may claim a share in the The properties of the judgment-debtor were assets realised by the sale. Therefore, the non-pay attached and sold in a court sale held on 2nd ment by the decree-holder purchaser of the money payable to the creditor entitled to rateable distribu July 1936. The decree-holder had obtained tion within 15 days from the date of the sale does permission to bid and set off and his bid for not justify the setting aside of the sale : ('35) 22 Rs. 1562 was accepted. The amount shown     2

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
In re Chundru Pallayya	[1942] AllINRprMad 171; [1943] AIR Mad 315	All India Reporter - Madras	India - Tamil Nadu	24 Oct 1942	AsianLII
Bobba Varalakshmamma v Kosaraju Jannayya	[1942] AllINRprMad 172; [1943] AIR Mad 318	All India Reporter - Madras	India - Tamil Nadu	7 Oct 1942	AsianLII