Basanthibai v. Sureshkumar Sharma
Case brief
What is this about?
In an application for fixation of an upset price at Rs.7.35 crores, the court rejected the plea, citing lack of justification from the applicant. The court noted prior failed auctions due to tenancy issues and non-payment by parties, extending no reasons to voluntarily raise the price or delay the process.
What did the court decide?
Application for re-fixation of upset price at Rs. 7,35,00,000/- and direction to commissioner to wait for purchasers rejected in limine.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
TUESDAY, THE 11th DAY OF SEPTEMBER 2018
THE HON'BLE DR. JUSTICE ANITA SUMANTH
A. No.6604 of 2018
in
C.S.No.418 of 2007
- Sumathi Devi (deceased) () 2. Suresh Kumar Sharma () residing in the 4th Floor of premises Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079. 3. Inderchand Sharma () residing in the 5th Floor of premises bearing Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079. ... Applicants/Plaintiffs (in A.No.6604 of 2018) () 2nd & 3rd plaintiffs are also legal representatives of the deceased 1st plaintiff -Versus1. Basanthi Bai, 4th Floor, Old No.157, New No.323, Mint Street, Sowcarpet, Chennai 600 079.
- Guneswarlal Sharma, Door No.15/2, 8th Cross Street, (Near Ration Shop), Shenoy Nagar, Chennai 600 030. 3. Chandrapal Sharma residing at Door No.15/2, 8th cross Street, (Near Ration shop), Shenoy Nagar, Chennai-600 030.
Issues for consideration
2 issues framed by the court
Whether the prayer for re-fixation of the upset price of a property to Rs.7.35 crores can be allowed when no rationale is provided by the applicant.
Whether it is proper to direct the Advocate Commissioner to wait for purchasers to arrive at the new fixed upset price indefinitely.
Parties & counsel
- applicant
Basanthi Bai
- respondent
Suresh Kumar Sharma
- respondent
Inderchand Sharma
- respondent
Guneswarlal Sharma
- respondent
Mahendra Kumar Sharma
- respondent
Case details
As recorded by the court registry
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