1977 Supreme(Mad) 385
T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Ganesa Vanniar – Appellant
Versus
K. Vengusamy and others – Respondent
Advocates:
K. Yamunan, for Appellant.
Vengusamy, for Respondent.
Ramaprasada Rao, J.-The plaintiff, in O.S. No. 146 of 1966, originally on the file of the District Munsif’s Court, Thiruvaiyaru, and later the plaintiff in C.S. No. 154 of 1967 on the file of this Court, is the appellant. Hanuman Bank, prior to its liquidation advanced monies to the second defendant on a security of immovable properties consisting of agricultural lands. After Hanuman Bank went into liquidation the Official Liquidator obtained a decree against the second defendant in 1961 and sought to bring the properties to sale. The first defendant in the suit was the successful bidder in the auction and after having been declared as such he filed C.A. No. 109 of 1965 on the file of this Court for delivery of possession of the property purchased and delivery was ordered on 25th May, 1965. The case of the plaintiff is that when the mortgage suit filed by the Bank in liquidation was pending and before the termination of the lis in a manner known to law, the second defendant under Exhibit P-1, leased out the suit properties to him in April, 1955. The plaintiff’s further case is that he continued to be in possession of the agricultural lands even after "the coming into force of the T
Click Here to Read the rest of this document