R.THIRUGNANASAMBANDAMOORTHY Vs. N.DURAI

JUDGEMENT

(1.) One Thirugnanasambanda Moorthy who is the plaintiff in a suit for declaration and permanent injunction and a third defendant in another suit for permanent injunction is the appellant herein. (A)Factual Matrix:

(2.) The suit schedule property in both the suits are one and the same and it was initially owned by one A.Krishnamurthy. The said A.Krishnamurthy had borrowed loan from M/s.Ajantha Trading Corporation. The said corporation had filed O.S.No.467 of 1972 for recovery of the loan amount. Pending suit, an order of interim attachment of the suit schedule property was passed in I.A.No.378 of 1972 on 23/6/1972. The attachment was made absolute later on 29/6/1972. While the order of interim attachment was in force, the said Krishnamurthy has executed a registered sale deed in favour of Murugan Bankers under Ex.A1 on 4/10/1972. The Murugan Bankers in turn has sold the property in favour of Durai who is the plaintiff in O.S.No.32 of 1990 under Ex.A2 dtd. 18/11/1972.

(3.) The property was brought to Court auction in E.P.No.871 of 1974 and auction was held on 12/2/1975. One Mr.N.Govindaraj was the successful purchaser. The said sale was confirmed and a sale certificate was issued in his favour on 23/4/1976.