DEVENDRA NAINAR Vs. BADRABAGU NAINAR

JUDGEMENT

(1.) THE plaintiff, who has lost in both the Courts below has filed the above second appeal.

(2.) THE facts of the case are discussed in detail by the Courts below and it is unnecessary for me again to go in detail about the same in this second appeal. For the disposal of this appeal, the following facts are sufficient.

(3.) IN pursuance of the decree obtained by Chandalankara Nainar in O.S.No.31 of 1951, E.P.No.170 of 1955 was filed by the plaintiff in that suit and the suit property was brought to sale. The appellant in this second appeal is a Court auction purchaser. Subsequent to the Court auction purchase, the appellant filed E.A.No.449 of 1963 on 19.8.1963 seeking delivery of possession of the suit property, but the same was dismissed. It is only to recover possession of the suit property, which is in the possession of defendants, the plaintiff, who is a Court auction purchaser, has filed the present suit O.S.No.3 of 1971 against which the above second appeal arises.