S RAJAVELU Vs. M P CHANDRASEKARAN

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal filed against the judgment and decree dated 17.12.2012 made in R.E.A. No.7 of 2011 in R.E.P No.104 of 2010 in O.S.No.23 of 2010 on the file of Principal District Court, Namakkal.

(2.) THE appellant is a third party, who has filed an application under Order Rule 21 Rule 97 and 99 r/w 151 of CPC making a claim over the suit property, which is the subject matter of an execution petition filed by the first respondent for delivery of possession.

(3.) ACCORDING to the Appellant, the Second respondent was not able to sell or develop the property and therefore, requested the appellant to repurchase the property. Therefore, on 14.7.2009, he repurchased the property from the second respondent under a registered sale deed. The sale amount was Rs.4,75,000/ -, Rs.25,000/ - over and above of the earlier sale consideration. This sale is disputed by the respondents.