P. ARUMUGAM Vs. K. NANDHEESWARAN

JUDGEMENT

(1.) Challenging the fair and final order dtd. 31/10/2014 made in C.M.A.Nos.10 to 12 of 2013 on the file of the II Additional District Court, Salem, confirming the fair and final order dtd. 9/10/2006 made in REA.Nos.159, 155 and 151 of 2005 respectively in REP.No.346 of 2004 in O.S.No.359 of 1997 on the file of the Additional Sub Court, Salem, the appellant/appellant/1st respondent has filed the present Civil Miscellaneous Second Appeals.

(2.) The appellant herein is the plaintiff/decree holder in the suit. The respondents herein are the petitioners in the Execution Appeals viz., REA.Nos.159, 155 and 151 of 2005 respectively.

(3.) The case of the petitioners in the Execution Appeals/respondents herein is that originally, the suit property belongs to P.K.Madhavan, Thangamani, M.Suresh. They sold the same to Annapoorani by way of registered sale deed dtd. 7/7/1997. She executed a power deed dtd. 17/9/2001 in the name of S.Sivakumar to sell her properties. The said S.Sivakumar has entered into agreement of sale in favour of K.M.Raja. Since K.M.Raja was not able to purchase the suit property, he and S.Sivakumar executed three sale deeds, one in favour of Nandheeswaran/petitioner in REA.No.159/2005, in respect of the suit property bearing S.No.55/6B to an extent of 855 sq.ft. with building and the same was registered on 12/8/2002, for value of Rs.2,72,748.00, another in favour of S.Subramani/petitioner in REANo.155/2005 in respect of the suit property bearing S.No.55/6B to an extent of 855 sq.f.t vacant site and the same was registered on 17/9/2001 for value of Rs.85,500.00 and the other in favour of K.Mahalingam/petitioner in REA.No.151/2005 in respect of the suit property bearing S.No.55/6B to an extent of 1290 sq.ft with building and the same was registered on 20/9/2002 for value of Rs.1,50,500.00. From the date of purchase, the petitioners are in possession and enjoyment of the suit property respectively. There is no encumbrance over the property at the time of purchase by the petitioners. It is seen that the 1st respondent has filed a Civil Suit in Sub-Court, Salem in O.S.No.359/1997 against the respondents 2 to 5 therein namely P.K.Madhavan, Thangamani, M.Suresh and Annapoorani and an exparte decree was passed on 27/9/2001 in favour of the 1st respondent viz., P.Arumugam. The petitioners are the bonafide purchasers and the title owners of the suit property in S.No.55/6B to an extent of 855 sq.ft vacant site, S.No.55/6B to an extent of 855 sq.ft. vacant site and in S.No.55/6B to an extent of 1290 sq.ft. with building respectively. Hence, the petitioners prayed for allowing the petition to declare that the 1st respondent therein/appellant herein is not entitled to bring the property mentioned in E.P. for possession and to raise the order dtd. 1/10/2004 against the above said properties.