VENDANTHIPILLAI Vs. C.KAJA MOHIDEEN

JUDGEMENT

(1.) The Second Appeal is filed against the judgment and decree dated 27.09.2004 in A.S.No.83 of 2002 passed by the learned Subordinate Judge, Periyakulam, modifying the judgment and decree in O.S.No.647 of 1996 dated 27.02.2002 passed by the learned District Munsif, Uthamapalayam.

(2.) The defendants, who have lost the legal battle in the First Appellate Court, have come forward with this Second Appeal.

(3.) The respondent as a plaintiff, who is a court auction purchaser, filed a suit for recovery of possession on the basis of the sale certificate issued to him in E.P.No.100 of 1984 in O.S.No.158 of 1982. The defendants 2 to 4, who are the sons of the 1st defendant, are the judgment debtor in O.S.No.158 of 1982. Since the plaintiff had not filed any application under Order 41 Rule 95 CPC for delivery, he had filed a separate suit for recovery of possession and mense profit.