K RAMALINGAM Vs. K N KRISHNA REDDI

JUDGEMENT

(1.) DEFENDANTS 2 to 4 are the appellants in the second appeal. The first respondent therein filed O. S. 370 of 1968, on the file of the Court of the District Munsif, sholinghur, for declaration of his title to the suit property and for possession alleging that he purchased the property from the appellants' father on 5-9-1967. The appellants' father is dead. The appellants resisted the suit contending inter alia that the sale deed has not been executed by them and that the said deed is vitiated by fraud and misrepresentation. The trial court dismissed the suit. On appeal, the lower appellate court decreed the suit. Aggrieved by the said defendants 2 to 4 have come up in second appeal.

(2.) ALONG with second appeal, the appellants filed C. M. P. 3428 of 1973 for grant of interim stay alleging that they are in possession of the suit property and that in order to protect their possession stay of the operation of the decree of the lower appellate court has to be granted. This court granted interim stay on 27-3-1973 while admitting the second appeal.

(3.) THE respondent in the second appeal filed C. M. P. 4849 of 1973 for vacating the interim stay on the ground that he has taken possession of the property as early as on 13-3-1973 in E. P. 150 of 1973 pursuant to the decree of the lower appellate court and that there was nothing to be stayed. In reply to this allegation, the appellants have filed an affidavit stating that there is no actual physical delivery of the suit property, that the appellants only are in possession of the property and that the executing court has not recorded the 'delivery' as yet.