K K MOHAMMED Vs. MANDOKKARA SUBBAN CHETTY

JUDGEMENT

(1.) The unsuccessful plaintiff in a suit for recovery of possession of the plaint Schedule mentioned property, before both the Courts below is the appellant herein.

(2.) The plaintiff sought for the relief of recovery of possession alleging that pursuant to a decree passed in O.S.No.34/67, an execution petition in E.P.No.77/71 was filed; that the said E.P. was allowed, and thereafter, the property of the defendant, more fully described in the plaint Schedule, was taken in Court auction by the plaintiff on 21.3.1972; that the same was confirmed on 25.4.1972; that he was also granted a sale certificate on 10.1.1973; that the first defendant is the judgment debtor in O.S.No.34/67; that the plaintiff had not taken possession within one year period; that while so, the defendants 2 to 5 issued a notice stating that the plaintiff entered into an agreement for sale on 10.8.1976 with them, and they were put in possession of the property, and under such circumstances, it has become necessary to file the suit for recovery of possession against all the defendants 1 to 5.

(3.) The first defendant remained ex-parte. The suit was resisted by the defendants 2 to 5. According to them, they had no knowledge about the sale confirmation, the issue of the sale certificate, etc; but, the plaintiff entered into an agreement for sale with them in respect of the suit property on 10.8.1976, and apart from that, the plaintiff has received Rs.3,500/-, Rs.551/-, Rs.300/-, Rs.200/- and Rs.200/- in the presence of witnesses, and even after the issuance of the notice, he has received Rs.200/-, and the defendants have been in possession of the property for a very long time; that the plaintiff has not come forward with the necessary relief of partition or for declaration, but has come forward with the relief of recovery of possession, and hence, the suit was to be dismissed.