NATARAJA NAIDU Vs. SOUNDARARAJAN

JUDGEMENT

(1.) The first appellant herein has laid a suit for setting aside a Court auction-sale. The suit came to be decreed, but the first Appellate Court has reversed the same. Hence, the plaintiff is before this Court.

(2.) The suit property, which was described as a house site when the present suit was laid, was purchased by the plaintiff from the second defendant through his Power of Attorney, namely the defendants 3 and 4, on 13.8.1999, under Ext. A1, sale deed. He is a bona fide purchaser for value, and later he came to know that the property has been sold in a Court auction, and delivery has been granted to the first defendant. The rest of the allegations are that the plaintiff learnt that the first defendant had laid a suit for recovery of money against the second defendant in O.S. No. 272/99 on the file of District Munsif Court, Thiruvannamalai.

(3.) The appeal was admitted on the following substantial questions of law: