THIRUMALAISWAMY MUDALI Vs. PERIASAMI MUDALI

JUDGEMENT

(1.) This appeal is against the order of the Subordinate Judge of Vellore remanding the case to the trial Court. The suit which has given rise to this appeal was instituted by the appellant herein for ejecting the respondents from the suit properties which were purchased by him at a Court auction sale on 7- 12-1944. A few material facts may usefully be stated here: One Varadarajan filed O.S. No. 71 of 1927 in the Sub Court, Vellore for partition of the family properties and for separate possession of his share against two persons Veerasami and Kaniappan. A preliminary decree was passed by the trial Court and in appeal against that decree a stay of final decree proceedings was obtained on condition that the judgment debtors should furnish security for a sum of Rs. 12000. In pursuance of that order the judgment-debtors, that is, Kantappan and Veerasami furnished the suit properties as security in addition to a third party security. Ultimately the appeal was dismissed and stay dissolved. On taking accounts it was found that the judgment-debtors were liable to pay the decree-holder a sum of Rs. 25000 and a decree followed for this amount, besides the decree for partition. In execution of this decree, the suit properties along with other properties were brought to sale and in the Court auction the appellant purchased properties covered by lot No. 2 for a sum of Rs. 4500 on 7-12-1944 and took delivery of those properties.

(2.) The present suit which has given rise to this appeal was instituted by the Court auction purchaser, i.e., the appellant herein on the allegation that subsequent to his taking possession of the suit properties the respondents herein trespassed on them. The main defence to the suit was that title to these properties vested in the defendants by virtue of a sale deed dated 6-7-1932 from Kaniappan whose separate properties they were and that in any event the defendants perfected their title thereto by adverse possession. Rejecting the defence the trial Court decreed the suit.

(3.) On appeal against this decree and judgment of the trial Court the learned Subordinate Judge remanded the case to the trial Court for the purpose of taking full evidence in the case.