VATCHALA AMMAL Vs. PARMESHWARI

JUDGEMENT

(1.) The legal representatives of the third defendant in O.S.No.303 of 1975 on the file of the Subordinate Judge, Vellore, have come forward with this Civil Revision Petition against the order rejecting their petition EA.No.201 of 2003 in E.P.No.67 of 2003 in O.S.No.303 of 1975 filed under Section 47 r/w.151 C.P.C.

(2.) The facts which are relevant for consideration herein are as follows : The property measuring 1.25 acres in Survey No.21/4 in Kanniyampadi Village, Kannamangalam Sub District, erstwhile North Arcot District and other properties were the ancestral properties of (1) K.T.Varadaraja Mudaliar and his brothers K.T.Kandasamy Mudaliar, K.T.Nataraja Mudaliar and K.T.Narayanasami Mudaliar, who were arrayed as the defendants 1 to 4 in O.S.No.303 of 1975. One Radha Bai Ammal, who was the 10th defendant in OS.303/1975 filed a money suit in O.S.No.140 of 1963 against the first defendant K.T.Varadaraja Mudaliar and the same was decreed and the property measuring 1.25 acres in S.No.21/4, as referred to above, was attached and brought for sale in public auction, in execution of money decree and Mr.V.K.Jagannathan/plaintiff in OS.No.303 of 1975 arising out of which is the present CRP purchased the property in the Court Auction held on 22.11.1965 and the sale was confirmed on 03.01.1966.

(3.) After coming to know about the sale of the property in Court Auction, the third defendant K.T.Nataraja Mudalair, who was one of the judgment debtors filed O.S.No.242 of 1966 on the file of the District Munsif Court, Vellore for the relief of declaration that the property sold in Court Auction along with another item was allotted to him on the basis of Kurchit, dated 19.02.1960 and for the relief of permanent injunction, restraining the auction purchaser from taking possession of the same. The suit OS.No.242 of 1966 was disposed of by upholding the joint family nature of the property and by disbelieving the plea of allotment of the property to K.T.Nataraja Mudhaliar and possession and enjoyment of the property by him on the basis of Kurchit. The suit was disposed of with a direction issued to the Auction Purchaser to file a suit for partition of the properties including the property which was purchased by him in the Court Auction.