VEERAPPA GOUNDER Vs. SARASWATHI

JUDGEMENT

(1.) The appellant in this Civil Miscellaneous Second Appeal is a court-auction purchaser. One Dhandapani filed O.S.No.566 of 1990 against one Kandasamy, before the Sub Court, Dindigul for recovery of money. The suit was decreed on 15/4/1991 and E.P.No.82 of 1991 was filed for enforcing the decree. Four items of immovable property belonging to the judgment debtor were attached on 19/10/1991. We are concerned only with the first item.

(2.) The first item measures 50 cents and is situated in Ottanchathiram Village. On 23/11/1994, court auction sale was conducted and the appellant herein purchased the first item for a sum of Rs.2,00,000.00 (Rupees Two lakhs only). Sale certificate was issued on 30/4/1999. The first respondent herein namely Saraswathi and her husband Karuppasamy obstructed the delivery of possession to the appellant. They also filed an E.A.No.461 of 2007 under Order 21 Rule 97 of C.P.C. The said E.A was dismissed on 24/6/2008. Challenging the same, they filed C.M.A.No.35 of 2009 before the learned Additional District Judge (Fast Track Court), Dindigul and the same was allowed on 7/11/2009. Questioning the same, the auction purchaser filed this Civil Miscellaneous Second Appeal.

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