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Issues:
1. Revision petition against the order reducing the upset price of the property. 2. Justification of reducing the upset price to Rs. 10,000. 3. Interpretation of the court's power to fix and reduce upset price. 4. Consideration of relevant factors in determining the upset price. 5. Arbitrary nature of the order and the need for a proper enquiry. Analysis: 1. The judgment concerns a revision petition challenging the order of the District Munsif, Kancheepuram, which reduced the upset price of agricultural property advertised for sale to Rs. 10,000 in an execution proceeding of a money decree. 2. The executing court's decision to reduce the upset price to Rs. 10,000 is questioned. The court has the authority to fix and adjust the upset price, as established in previous judgments. The upset price serves as a reserve price to safeguard the interests of the judgment-debtor during the auction. 3. The court's power to determine the upset price is not arbitrary but based on objective considerations of relevant factors like the nature of the property, its use, and cultivation type. The upset price should reflect the expected value of the property to be auctioned, ensuring a fair starting point for bidding. 4. In this case, the District Munsif's order lacked justification for setting the upset price at Rs. 10,000, solely relying on the decree-holder's estimate despite their earlier valuation of Rs. 15,000. The order was deemed arbitrary and required proper consideration and enquiry. 5. Consequently, the revision petition was allowed, setting aside the order to reduce the upset price. The District Munsif was directed to reevaluate and determine the appropriate upset price after conducting a thorough enquiry. The execution proceedings were to continue in compliance with the law, emphasizing the importance of a fair and justified upset price determination.
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