THIMMAREDDI VENKATARAMANA REDDY Vs. CHELAMACHERLA RAGHAVA REDDY

JUDGEMENT

(1.) The defendants in the suit are the appellants in the Second Appeal. The suit is filed for delivery of possession. The plaintiff is a Court auction-purchaser of the suit land and the defendants are the judgment debtors. The question of law involved in the Second Appeal is whether the suit filed for delivery of possession by the respondent-plaintiff, who is the Court auction-purchaser, against the appellants-judgment-debtors is maintainable. Sri M. V. Ramana Reddy, learned Counsel for the appellants defendants, has argued that the suit is not maintainable as it is barred by section 47 of the Code of Civil Procedure.

(2.) The plaintiff purchased the suit land when it was brought to sale on 16th April, 1962 in E. P. No. 46 of 1961 in O. S. No. 160 of 1969. Subsequently the sale was confirmed on 12th February, 1964. The present suit is filed on 9th September, 1970.

(3.) According to Sri Ramana Reddy, the plaintiff being a Court-auction-purchaser for delivery of possession he ought to have filed a petition under section 47, Civil Procedure Code, within one year from the date of confirmation of the sale as provided under Article 134 of the Limitation Act.