S KUMAR Vs. B P SURESH

JUDGEMENT

(1.) The suit has been filed for recovery of possession by the plaintiffs.

(2.) The case of the plaintiffs in brief is as follows:

(3.) Defendants 1 and 2 did not keep up their promise and hence the mortgagee requested the auctioneer M/s.Sri Raj & Co., to put up the property to public auction. Pursuant to the said request, the auction sale letter was sent on 01.04.2010 by the auctioneer M/s. Sri Raj & Co., informing the defendants 1 and 2, that the property will be put up for public auction on 17.04.2010. Though they received the notice, defendants 1 and 2 did not come forward to pay the mortgage amount. Finally, the property was put up for auction sale on 17.04.2010 and the plaintiffs were declared as successful highest bidders at Rs.86,00,000/-. The plaintiffs also paid 25% of the auction amount, viz. Rs.21,50,000/- on the same day, the balance amount was paid subsequently and the sale deed came to be executed in favour of the plaintiffs on 24.05.2010 by the mortgagee. It is also claimed that the plaintiffs, after the execution of sale deed, approached defendants 1 and 2 and defendants 3 to 26, who were in possession of the property requiring them to deliver possession, the defendants did not comply with the said request for delivery possession. Hence, the plaintiffs have come forward to file the present suit.