SADACHI (DIED) Vs. P.C. MARIAPPAN (DIED)

JUDGEMENT

(1.) Challenging the impugned Order passed by the Execution Court dismissing the Application filed under Ss. 47 & 151 of Code of Civil Procedure, to set aside the Sale Deed, dtd. 22/8/1996, the present Civil Revision Petitions have been filed.

(2.) This Revision Petitioner in C.R.P.(NPD) No.1936 of 2004 has been filed by the Judgment-debtor. The Civil Revision Petition in C.R.P.(NPD) No.2052 has been filed by the subsequent Purchaser to an extent of 77 1/2 cents from the Judgment-debtor. These Revisions have been filed to set aside the Sale Deed on the ground of irregularity.

(3.) Brief background of filing these Civil Revision Petitions is as follows: The Decree-holder, viz., the First Respondent has filed a Suit in O.S. No.1494 of 1983 for recovery of a sum of Rs.1253.25 based on the Promissory Note said to have been executed on 3/1/1981 with Interest at the rate of 12% per annum. The Suit has been decreed for a sum of Rs.1,253.25 with Interest at the rate of 9% from the date of Plaint till the date of Decree and thereafter at the rate of 6% from the date of Decree till the date of realization. An Appeal filed in A.S. No.203 of 1993 as against the Judgment and Decree has also been dismissed by the Judgment, dtd. 4/3/1994. Pursuant to the Decree, it appears that an Application has been filed in the Execution Petition in E.P. No.388 of 1995 for realization of the amount and an extent of 1 acre and 76 cents of the property belonging to the Judgment-debtor was attached. Thereafter, a sale has been effected. The Auction Purchasers, viz., the Second Respondent has purchased the entire extent of 1 acre 73 cents for a sum of Rs.25,300..00 In the meanwhile, the Revision Petitioner in C.R.P. No.2052 of 2004 has purchased to an extent 76 1/2 from the Judgment-debtor. According to him the Attachment Order of the Execution Court has not been communicated to the concerned Sub-Registrar. Therefore, he is a bona fide Purchaser. That apart, the sale made by the Court suffers from material irregularity.