MUTHUKRISHNAN Vs. MUTHUSAMY

JUDGEMENT

(1.) Assailing the Judgment and Decree of the learned Subordinate Judge, Chidambaram, made in C.M.A. No.2 of 2002, dtd. 31/10/2011 in and by which the Judgment and Decree passed by the learned District Munsif in E.A. No.229 of 1983 in O.S. No.61 of 1968, dtd. 19/4/2002 was reversed, the present Appeal has been preferred by the Appellant.

(2.) For the sake of convenience, the Appellant and the Respondents herein would be referred to in the same manner as arrayed herein.

(3.) It is the case of the Appellant that vide Court Auction, the disputed property was purchased by the Appellant and, thereafter, Sale Certificate was issued by the District Munsif, Chidambaram, in favour of the Appellant on 4/3/1982. Thereafter, the Appellant took steps for taking possession of the property by filing E.A. No.682/1982 and accordingly it was ordered and the Appellant tried to take possession of the property through Court Amin. However, when the Appellant went to take over the property on 23/4/1982, the Objectors, who are the Respondents herein, in connivance with the Defendants in the Suit, had put up huts and houses and refused to vacate the property and, thereby, prevented the Appellant from taking possession of the property, which was duly purchased by the Appellant in the Auction sale conducted by the Court on 26/6/1980. Aggrieved by the said act, the Appellant preferred E.A. No.229/1983 in O.S. No.61/1968 by invoking Order 21, Rule 26 r/w Sec. 151, C.P.C. and Order 21, Rule 95 r/w Sec. 47, CPC.