SUBBAYA PILLAI LEKSHMANAN PILLAI Vs. NARAYANI SUBHASHINI

JUDGEMENT

(1.) The plaintiff who succeeded before the Trial Court but lost before the lower appellate court and the second appellate Court is the appellant before us; and the appeal is by leave from the second appellate Judge. And the question we have to consider in the appeal lies within quite a narrow compass.

(2.) The appellant is the decree holder auction purchaser; and he obtained a sale certificate in his favour. He made one attempt on the execution side to get recovery of possession of the property in pursuance of the sale certificate and failed. Thereafter, he filed the suit which has given rise to the present appeal. As we have already stated, the Trial Court decreed the suit, while the lower appellate court and the second appellate Judge dismissed the same.

(3.) The question is whether a person like the appellant, viz., a decree holder auction purchaser, who obtained a sale certificate in his favour, is debarred by S.47 of the Code of Civil Procedure from filing a suit for possession of the property purchased by him. On this question, there is a fairly long discussion by the second appellate Judge who has referred to all the main decisions on the question from the several High Courts in India.