SANTHAMMAL Vs. KALIAMMAL

JUDGEMENT

(1.) The above Civil Revision Petition is filed agaisnt the fair and final order dated 3.10.1997 made in E.A.No. 213 of 1992 in E.P.No.134 of 1991 in O.S.No.388 of 1943 on the file of the District Munsif Court, Tiruchengode.

(2.) The case of the petitioner in E.A. filed under Section 47 of C.P.C. is that originally the property under dispute and other properties belonged to Ramagoudner. Kaliammal, the wife of Ramagounder filed a suit in O.S.No. 388 of 1943 for maintenance for her and their daughter and obtained decree for the same with charge over the property in dispute on 14.2.1944. The first respondent, the wife claimed maintenance only upto 1948. Lateron she had given up her maintenance right and she had not executed the decree upto 1984 or atleast by 1986. The said Ramagounder died on 18.4.1990. After his death the wife filed another E.P.No.134/1991 against one Thirupathi the son of the Ramagoudner through another wife. In the said E.P, the third respondent purchased the property in court auction on 13.2.1992.

(3.) Ramagoudner during his life time borrowed amount in a pronote from one Rangaswami and the said Rangasswami obtained a money decree in O.S.No. 346 of 1972. Ramagoudner also mortgaged the property and other properties for himself and as guardian and father of his minor sons. The property was sold in R.E.P.No. 254 of 1979 and one C.P.Duraiswami was the successful auction purchaser of the property. A sale certificate was issued in favour of the said Duraiswami on 6.5.1983 and delivery was also effected in favour of the said Duraiswami on 14.7.1983. Thereafter the petitioner purchased the property from the said Duraiswami under sale deed dated 9.5.1984 . From the date of purchase, the petitioner is in possession and enjoyment as her own right.