M. EZHILMARAN Vs. K. KARUNANIDHI

JUDGEMENT

(1.) Challenge in this Second Appeal is to the judgement and decree dtd. 1/2/2021 passed in A.S No.141 of 2017 on the file of the Principal District Court, Vellore, confirming the order passed in I.A.Nos.625 of 2016 and 626 of 2016 in O.S.No.536 of 2012 dtd. 2/11/2016 on the file of the Additional District Munsif, Vellore.

(2.) The main suit in O.S.No.536 of 2012 has been filed by the appellant herein for declaring the appellant as a lawful occupant as bonafide tenant. During the pendency of the above suit, the appellant herein filed petitions in I.A.No.151 of 2011 in O.A.No.150 of 2007 before the Debts Recovery Tribunal-III, Chennai and the same was dismissed.

(3.) The Admitted facts are that the scheduled mentioned property belongs to one Gnanasekaran and the same was under the mortgage with the second defendant. The second defendant filed O.A.No. 150 of 2007 before the Tribunal for recovery of sum of Rs.49,09,801.00 with interest and the same was allowed. The recovery proceedings were initiated on the basis of sale certificate issued by the Tribunal. The Recovery Officer auctioned the scheduled property and the first respondent herein has purchased the property in auction and sale certificate was also issued in his favour on 17/2/2011. The Recovery Officer issued an order of eviction of the appellant herein on 4/3/2011 treating him as an unauthorized occupant in the property and he was asked to deliver the possession on or before 31/3/2011. The appellant herein filed I.A.No.151 of 2011, claiming that he is a lawful tenant and he cannot be evicted and the same was dismissed and consequently, he was directed to handover vacant possession of the premises to the second respondent by 30/6/2011.