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S. B. SINHA, MARKANDEY KATJU
M. V. Karunakaran – Appellant
Versus
Krishan – Respondent
JUDGMENT
S.B. Sinha, J.—Auction purchaser is the appellant before us being aggrieved by and dissatisfied with a judgment and order dated 10.10.1988 passed by the High Court of Kerala dismissing an appeal preferred by the appellant herein.
2. Three brothers, Madhavan, Bahuleyan and Karunakaran, were owners of the property. Madhavan and Bahuleyan started a partnership under the name and style of “The Trustful Daily Banking Company”. Madhavan died on 26.10.1960, leaving behind Defendant Nos. 3 to 5 as his legal heirs and representatives. The partnership firm stood dissolved with his death. The legal heirs and representatives of Madhavan by reason of a registered deed of sale dated 28.05.1963 transferred the property in question in favour of Krishnan (since deceased) being predecessors in interest of the respondents herein. A money suit for recovery of a sum of Rs. 312.20 was filed against the said partnership firm by a third party. The said suit was marked as O.S. No. 523 of 1964.It was decreed.
3. The respondent admittedly was not a party to the said suit. The property in question was auction sold in execution of the said decree. Appellant purchased the same for a sum of Rs.5050/- b
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