G.KALIASUNDARAM Vs. R.KRISHNAMURTHY

JUDGEMENT

(1.) This original side appeal is filed challenging the judgment and decree passed in C.S.No.122 of 2007, dtd. 12/2/2007, wherein the learned Single Judge has ordered delivery of possession and payment of mesne profits.

(2.) The case of the plaintiff is as follows:

(3.) The first defendant filed a written statement and admitted borrowal of loan from the fourth defendant by deposit of title deeds. The first defendant was regularly repaying the monthly installments, but that was not properly accounted by the fourth defendant. The auction sale was conducted without proper procedure or giving proper opportunity to the first defendant. The sale consideration also not properly fixed, the fourth defendant and the plaintiff were aware about the pendency of the suit before the City Civil court and with a view to snatch the properties, the sale deed has been executed in favour of the plaintiff by illegal means by the fourth defendant. The auction has not been properly conducted, thereby the sale is not valid and prays to dismiss the suit.