S CHOKALINGAM ASARI Vs. N S KRISHNA IYER

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of restitution proceedings in O. S. No. 37 of 1951, Sub-Court, Madurai. The first respondent herein is the judgment-debtor. The second respondent is the decree-holder-purchaser and the appellant is a purchaser from the decree-holder-purchaser.

(2.) THE second respondent filed the suit, O. S. No. 37 of 1951, to recover a sum of nearly Rs. 9050 as due to him in respect of two loans, Rs. 6000 and Rs. 2000 respectively and obtained a decree for that sum together with subsequent interest on. 18-11. 1952. The first respondent herein, the debtor, filed an appeal to this court in A. S. No. 174 of 1953 (Mad) and during the pendency of the appeal, it appears, the debtor paid several sums on various dates in all amounting to Rs. 3500, but he did not completely comply with the conditions subject to which stay of execution was ordered by the High Court. The decree, holder therefore pursued his execution petition and purchased the properties himself at the auction sale on 21-8-1954, for a sum of Rs. 6015. The judgment-debtor filed an application under o. XXI, R. 90, C. P. C, to set aside the sale but it was dismissed and the sale was confirmed on 3 8-1954. The decree-holder-purchaser took delivery of the properties on 30-8-1954.

(3.) ON 26-7-1956, the appellant entered into an agreement to purchase those properties from the decree-holder-purchaser. In the meanwhile, on 4-12-1956, the judgment-debtor's appeal, A. S. No. 174 of 1953 (Mad) was allowed; as a result of which the judgment debtor succeeded to a substantial extent in this court. But even before the judgment by the High Court, on 17-11-1956, the decree-holder executed a sale deed in favour of the appellant herein. It appears that there was some dispute about registration, and the sale deed was registered compulsorily after the judgment of the High Court.