Chennai Court July 1994 Judgments

K. Dandayutham Chettiar Vs. S.M.E. Ramasamy and anr.

Court: Chennai

Reported in: (1994)2MLJ448

ORDERThanikkachalam, J.1. This revision is directed against the order passed in E.A. No. 412 of 1980 which in turn arose out of the order passed in E.P. No. 47of 1978 in O.S. No. 110 of 1977. The petitioner herein is the court auction purchaser. The 1st respondent herein is the defendant. The 2nd respondent is the plaintiff. The plaintiff filed O.S. No. 110 of 1977 against the defendant and the said suit was decreed on 20.9.1977. The decree-holder file E.P.No.47 of 1978and brought to sale the properties belonging to the judgment-debtor. In the court auction sale held on 5.9.1979 the 2nd respondent purchased the properties for a sum of Rs. 40,005. The sale was confirmed on 11.11.1979. Thereafter, the judgment-debtor defendant filed E.A. No. 412 of 1980 to set aside the sale under Order 21, Rule 90, C.P.C. However the execution court dismissed the said E.A. No. 412 of 1980. Aggrieved, the judgment-debtor filed C.M.A. No. 98 of 1991 as against the order passed in E.A. No. 412 of 1980 and ...