EASWARI CHETTIAR Vs. RADHA

JUDGEMENT

(1.) THE Salem Municipality filed a suit in O. S. NO. 833 of 1972 on the file of District Munsif Court , Salem impleading the petitioner in CRP. No. 2109 of 1994 as the defendant for recovery of Municipal Tax with respect to the property in question. After knowing about the said suit, the father of the respondents 1 to 3 Chinnaswamy Chettiar filed a petition to implead him as a party and he was impleaded as second defendant in the suit. On his death, the respondents 1 to 3 have been impleaded as defendants 3 to 5. On 2. 2. 1973, the said suit was decreed. THE Municipality filed execution petition in E. P. No. 394 of 1984. But unfortunately without impleading the respondents 1 to 3, the properties were brought for sale in the court auction. THE fourth respondent herein is the purchaser and the said sale was confirmed on 31. 7. 1989 and the fourth respondent took possession of the properties.

(2.) THEREAFTER the respondents 1 to 3 filed an application in E. A. No. 283 of 1991 under Section 47, CPC. to set aside the sale on the ground that they have not been impleaded in the execution petition, though they were parties to the suit and the entire amount due to the Municipality as claimed in the suit was already deposited by them in the court which was not taken not of and the suit was decreed and executed. Accepting the said contention, the executing court set aside the sale by its order dated 6. 7. 1992. Aggrieved against the same, the fourth respondent filed C. R. P. No. 507 of 1993 before this Court and Abdul Hadi, J, dismissed the revision on 27. 10. 1993.

(3.) FROM the above facts, it will be clear that the sale was set aside at the instance of the respondents 1 to 3 in E. A. No. 283 of 1991, which has become final. The respondents 1 to 3 are defendants in O. S. No. 833 of 1972 and they are also judgment-debtors. The only grievance of the petitioner in C. R. P. No. 2109 of 1994 is that since possession was taken from him by the fourth respondent, possession should be given to him by the respondents 1 to 3.