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1998 Supreme(SC) 898

S.RAJENDRA BABU, B.N.KIRPAL, S.C.AGRAWAL
K. Muthuswami Gounder – Appellant
Versus
N. Palaniappa Gounder – Respondent


Judgment

S. Rajendra Babu, J.-These appeals arise out of dispute between two competing court auction purchasers on the basis that the rights derived by each of them is superior to the other emerging out of alleged hypothecation of such property. Respondent filed a suit in O.S. 12 of 1967 on the files of II Subordinate Judge, Tiruchirappalli to restrain the appellant herein from interfering with respondents possession of the suit property. The appellant filed in the same court a suit in O.S. 211 of 1967 for redemption of the suit land, and recov­ery of possession thereof. The undisputed facts leading to the two suits are as under: The suit land belonged to one Ganesan who executed a registered security bond on 18.12.1950 for a sum of Rs. 3,000/- hypo­thecating the suit property and also executed a promissory note in favour of one Vairavan Chettiar and borrowed moneys. Vairavan Chettiar obtained a decree on the foot of the Security Bond and in execution thereof brought the suit property to sale. Respondent purchased the suit property in the said court auction sale on 6.2.1957 and the same was confirmed on 15.3.1957. Respondent took delivery of the property through court. Sandanam Muda




























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