YASOTHAMMAL & ORS. Vs. KAMATCHI AMMAL & ORS.

JUDGEMENT

(1.) This revision is directed against the order dated 22.11.2002 passed in E.A.No.158 of 1992 in E.P.No.380 of 1989 in O.S.No.241 of 1983 on the file of the learned Principal District Munsif Court, Gingee, dismissing the petition filed by the petitioner therein to set aside the sale held on 31.10.1991.

(2.) Since filing of the suit by the plaintiff for maintenance and the decree passed by the trial Court directing the first defendant to pay a sum of Rs. 75/- per month to the plaintiff towards maintenance till her death and to pay Rs. 2,700/- towards past maintenance and also creating charge over plaint 'B' schedule property are not in dispute, it is not necessary for this Court to once again state those facts in this revision.

(3.) Since the first defendant has failed to pay maintenance amount, the plaintiff filed E.P.No.380 of 1989 for bringing the scheduled mentioned property for sale and realise the amount. Despite several opportunities, the first defendant has not paid the amount and finally, the schedule mentioned property was sold in Court auction on 31.10.1991 to one Lakshmi. After decree, the original defendants 1 and 2 reported dead.