Proclamation for sale – Sub rule (2) of Rule 66 CPC cannot be read in isolation -- It must be read inter-alia with sub rule (3) of Rule 66 -- Proclamation ought to have specified fairly and accurately the tenancy in view of Order 21 Rule 66 (2) (e) which requires every other thing which the Court considers material for a purchaser to know in order to judge of the nature and value of the property to be specified -- Clause (e) is of the widest amplitude and everything which affects the value of the property must be specified/disclosed -- Value of a property with a sitting tenant can never be the same as its value without a tenant -- It is axiomatic, therefore, that clause (e) of Rule 66 (2) requires a proclamation to specify a tenancy in respect of a property to be sold in auction.

(P&H HC) Decided on: 16.03.2016