MYSORE KOPNIAH SIVANANJIAH Vs. KSITHAY GOUDAR

JUDGEMENT

(1.) At a Court sale upon a mortgage decree the 1 respondent purchased inter alia a plot of land measuring 7 cents in extent denoted by the Survey Number H (61) situated in Manianacorai "together with the buildings and erections thereon and the fixtures thereon and together with all the bluegum trees and other trees thereon."

(2.) The judgment-debtor's house stands on H. 61 and this passed to 1 respondent by the sale. In front of the house there are two plots which were not sold at the court sale. One is 56 A-3 on which the verandah and two projecting wings of the judgment debtor's house have been built, and the other is H 58-3 which serves as an approach to the house from the public road.

(3.) When the purchaser fist respondent took delivery of the house, he was obstructed by the judgment-debtors (who are appellants in the High Court from obtaining possession of the two other plots. So he successfully took proceedings under Order 21, Rule 97 in the Subordinate Judge's Court, Ootacamund, to remove the obstruction. As the obstructors were the judgment debtors, Section 47, Civil Procedure Code, applies and they have appealed under Section 96 from the Subordinate Judge's order.