CHINNASAMY GOUNDER (DIED) Vs. CHELLAMUTHU @ SELVARAJ

JUDGEMENT

(1.) This second appeal has been filed by the defendants 3 and 4 in the suit in O.S.No.250 of 1985 against the final decree proceedings in I.A.No.382 of 1985 in O.S.No.250 of 1985 on the file of the District Munsif, Palani.

(2.) The first respondent in this appeal along with his mother and sister filed the suit in O.S.No.250 of 1985 before the learned District Munsif, Palani, to declare that the Court auction sale in E.P.No.922 of 1973 in O.S.No.533 of 1971 and E.P.No.798 of 1971 in O.S.No. 1294 of 1970 on the file of District Munsif Court, Palani, are not binding on the plaintiffs in respect of items 1 to 3, 8 and 9 of the suit properties and to allot half shares in favour of the first respondent herein who is the 2nd plaintiff in the suit in respect of all suit properties.

(3.) The appellants 1 and 2 herein are the defendants 3 and 4 in the suit in O.S.No.250 of 1985. They were impleaded as parties in the suit so as to get a declaration that the Court auction sale in which, the appellants purchased some of the items of the suit properties namely, the items 1 to 3 and 8, are not binding on the first respondent.