Sale proclamation procedure must be fully followed before auction; premature fixing of sale date can invalidate the auction.

A sale proclamation cannot be sustained where the notice for settling its terms does not specify the exact date and the authorities simultaneously fix the auction date. The premature sale deprives the affected party of the benefit of the notice intended for settlement of the proclamation and renders the auction procedurally defective. The sale proclamation and auction sale were therefore set aside, with liberty to proceed afresh after issuing a proper notice and settling the terms and conditions of sale in accordance with law.

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Issues: Whether the sale proclamation and the auction sale of the petitioner's property could be sustained when the proclamation for settlement of terms was not allowed to fully operate and the exact date for settling the proclamation was not specified.

Analysis: The notice issued for settlement of the sale proclamation did not specify the exact date for drawing up and settling the terms of the proclamation, but simultaneously the authorities fixed a date for sale of the property. Such a course deprived the petitioner of the benefit of the notice meant for settlement of the proclamation and rendered the subsequent auction premature. The Court found that the sale could not proceed without first allowing the notice for settlement of the proclamation to operate fully and without issuing a fresh notice settling the terms and conditions of sale in accordance with law.

Conclusion: The sale proclamation and the auction sale were unsustainable and were set aside, with liberty to the authorities to proceed afresh in accordance with law after issuing a proper notice for settlement of the proclamation.

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