ANNAMALAI MUDALIAR Vs. KUPPUSWAMY REDDIAR

JUDGEMENT

(1.) THE appeal is by the plaintiff in the first Court, who failed in both the Courts below to set aside a summary order in E.A. No. 51 of 1955 in E.P. No. 99 of 1954 which was itself an execution proceeding in O.S. No. 451 of 1951 on the file of the Court of the District Munsif, Ranipet. The facts adequate for. the disposal of the appeal are as follows:

(2.) THE suit properties originally belonged to Devarajulu Reddi and Pattusami Reddi of Agaram Village, who were brothers. One Eswara Vadivelu Mudaliar had obtained a simple money decree against Devarajulu in S.C. No. 75 of 1950, and the interest of the judgment -debtor in the suit property was brought to sale. The present plaintiff (appellant) purchased the property in Court auction on 26th. July, 1952. He obtained the sale certificate and also obtained symbolical possession, and later had the property allotted to his share in the final decree in a suit against the co -sharer.

(3.) THE original owners, the two brothers had executed a simple mortgage in 1944 over the property in favour of ore Rajaratna Reddi. That person brought a suit on the foot of the mortgage in O.S. No. 451 of 1951 for recovery of a sum of Rs. 691 -4 -0. It appears that the mortgage covered other items also, with which we are not immediately concerned, and that there were sales by the mortgagors : of certain items to third parties. In any event the mortgagee brought the suit item to sale and the defendant, a stranger according to the record prima facie, purchased properties in Court auction on 26th November, 1954. When the defendant tried to take possession of the suit properties, the plaintiff (appellant) obstructed and the defendant filed E.A. No. 51 of 1955 for the removal of obstruction. Removal of obstruction was ordered against the appellant, after considering the defence of the appellant, and the appellant also failed in an appeal to the District Court.