K R SRINIVASA IYENGAR Vs. K MUTHURAJ

JUDGEMENT

(1.) THESE two second appeals are filed by the plaintiffs being aggrieved by the dismissal order passed by the Civil Judge (Sr. Dvn,) Arsikere in RA 3/1995 and 4/1995 respectively confirming the order of the Trial Court.

(2.) THE revision petition is against the order in execution dismissing the execution petition filed by the decree holder in rent control proceedings.

(3.) THE suit property is a shop cum residential premises bearing No. 45, B H Road, Arsikere. The plaintiff is said to have taken this shop on lease along with the residential premises about 50 years back. The brother of the decree holder one Subramani is said to have mortgaged the suit property to one Bhagirathamma and then usufructuary mortgage to Siddamallappa for Rs. 5,000/- stating that he is the owner of the suit property. The said Siddamallappa filed a suit in OS 103/1971, for recovery of the amount paid to Subramani and obtained a decree for Rs. 9075/i. e. , Rs. 5000/- being the principal amount plus the interest: due as on the said date. Thereafter, in the execution proceedings filed by Siddamallappa for realisation of the amount, the suit property bearing No. 45 which is the subject matter of the rent control proceedings was also sold in auction in which the plaintiff who was said to be in possession of the premises, who is also the judgment debtor in the rent control proceedings, is said to have purchased the suit property for rs. 30,000/ -. However, against the order in OS 103/1971, the decree holder Muthuraj has referred an appeal in RA 2/1975 which was renumbered as 18/1979 seeking for setting aside the order of the Trial Court on the ground that he had not joined in execution of the mortgage deed. The said appeal was disposed of holding that Muthuraj was not personally liable and for recovery of mortgage debt the property No. 45 could be sold in terms of the Tranfer of Property act and Order 34, CPC.