RAJENDRA MILLS LTD Vs. PANDIAN BANK LTD

JUDGEMENT

(1.) THIS civil revision petition is filed against the order of the Subordinate Judge of Salem in R. E. P. No. 1 of 1967 in O. S. No. 185 of 1964, directing the sale of items 1 and 4 mentioned in the schedule to the petition to be sold in the first instance. The civil revision petitioner was not a party to the execution proceedings. Hence he filed the above civil revision petition after obtaining the leave of this Court as per the order of Padmanabhan, J. in C. M. P. 8680 of 1980, dated 2nd September, 1980.

(2.) THE facts of the case are briefly as follows: THE respondents 1 to 9 in the execution petition, who are the respondents 2 to 10 herein, mortgaged 5 items of properties to Messrs. Pandian Bank Ltd., which had subsequently merged with the Canara Bank (Gugai branch) by deposit of title deeds on 10th June, 1959. Since the mortgagors failed to repay the mortgage amount, the Bank filed a suit in O. S. 135 of 1964 on the file of the Subordinate Judge of Salem for realising the amount due under the mortgage. On 11th November, 1964, the mortgagors, the respondents 2 to 10 herein, seem to have executed an agreement of sale in respect of item 4 of the properties mentioned in the execution petition, in favour of the civil revision petitioner. On 1st March, 1965 a preliminary decree was passed by the Subordinate Judge of Salem in favour of the abovesaid Bank, the first respondent herein, for the amount due under the mortgage. On 27th March, 1965, the mortgagors, the respondents 2 to 10 herein, executed a sale deed in respect of item 4 in favour of the civil revision petitioner herein. In that sale deed the civil revision petitioner, the purchaser, was directed to pay a sum of Rs. 85,000 towards the above mortgage debt. On 31st July, 1966 final decree for sale of the properties in favour of the above said bank was passed in O. S. No. 165 of 1964. THE respondents 2 to 10 herein who executed the sale deed on 27th March, 1965 did not register the same and hence the sale deed was compulsorily registered under section 64 of the Registration Act on 6th February, 1967.

(3.) WHEN the abovesaid Bank filed an application to execute the final decree in their favour in R. E. P. No. 1 of 1967 in O. S. No. 185 of 1964, the civil revision petitioner filed an application in R. E. A. No. 487 of 1976 for impleading the civil revision petitioner as a party in the execution proceedings. By order, dated, 6th September, 1976, the Subordinate Judge dismissed the application in R. E. A. No. 487 of 1976, holding that the civil revision petitioner cannot be impleaded as a party to the execution proceedings.