Sale being vitiated by fraud and irregularities set aside.

(Civil Revision Petition filed under Section 115 C.P.C against the order dated 07.08.2003 passed by the learned Principal Subordinate Judge, Thanjavur in E.A.No.98 of 2000 in E.P.No.34 of 1988 in O.S.No.90 of 1977, as stated therein.)

Auction Purchaser is the Revision Petitioner. Aggrieved against the order of Dismissal of the Application in E.A.No.98 of 2000 in E.P.No.34 of 1988 in O.S.No.90 of 1977 dated 07.08.2003 of the learned Principal Subordinate Judge, Thanjavur, the Auction Purchaser has preferred this Civil Revision Petition.

2. The Simple Mortgage Decree has assumed manifold dimensions resulting in war of litigations between the Parties. The litigation is now centred around the land in 31220 sq. ft., in the area said to be of Commercial and Residential importance in Tanjore. The disputed property – 31220 sq. ft. (about 13 grounds) comprised in T.S.No.3074/1A, 1B, 1C bearing Door No.12-A, Selvam Nagar, Tanjore Town. The said Property belonged to one Pakkirisami Pillai. Respondents 2 to 7 are related as under: -

Pakkirisamy Pillai (died on 02.04.81)

= Gomathi Ammal (R-2)

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Prema Manoharan Ravichandran Mohan Kalaiselvi

(R-3) (R-4) (R-5) (R-6) (R-7)

(Contesting

Respondent / Plaintiff in

O.S.No.82 of 2004)

The Revision Petitioner / Auction Purchaser is the Brother of Dhanalakshmi, who are related as under:-

Gurusamy Pillai

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= Dhanalakshmi Chandrasekaran

= Naga Pillai (Revision Petitioner/

| Auction Purchaser)

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Srinivasan

3. O.S.No.90 of 1977:- The Suit Property was mortgaged in the name of the First Respondent – Palaniappa Company. The Mortgagee filed this Mortgage Suit for Recovery of the Suit Amount. Preliminary Decree was passed on 05.07.1978; Final Decree was passed on 29.04.1980. For sale of the Mortgaged Property, E.P.No.34 of 1988 was filed. Earlier, the property was sold in the Court Auction on 03.07.1989 and the property was purchased by the Decree Holder himself for Rs.2,00,100/-. Alleging irregularities and Fraud in conducting of the Sale, E.A.No.165 of 1989 was filed under Or.XXI R.90 C.P.C. That Application was allowed and the Sale was set aside on 28.10.1991. Ten years thereafter, the Property was again brought for sale. The Auction Purchaser purchased the property in the Court Auction Sale for almost the same amount of Rs.2,00,200/- on 21.06.1999. The Sale was confirmed on 07.10.1999.

4. At the same time when the Property – 31220 sq.ft was sold in the Court Auction Sale, excepting the Contesting Sixth Respondent, other Sharers have sold major portion of the aforesaid property to Dhanalakshmi, who is the Sister of the Auction Purchaser / Revision Petitioner and her Husband – Naga Pillai and their Son – Srinivasan. They have purchased 26,235 sq. ft for Rs.34,52,200/- under two Sale Deeds as under :

Document No. Name of the Area sold Market value of

Date Purchaser (in sq.feet) the are sold as per the sale

Deed (in Rs.)

2078 Tmt.N.Dhanalakshmi

18.06.1999 W/o.G.Nagapillai 9,873 8,88,600

2593 1.Thiru.G.Naga Pillai

21.06.1999 S/o.Gurusamy Pillai 16,322 25,63,600

2.Thiru.N.Sreenivasan

S/o.G.Naga Pillai ========= ============

Total 26,235 34,52,200

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5.O.S.No.1 of 2001 (Sub-Court, Tanjore)

O.S.No.82 of 2004 (District Court, Tanjore): The Suit in O.S.No.1 of 2001 was filed by the Contesting Sixth Respondent on the file of Sub-Court, Tanjore for Partition of his 1/6th Share in the Property. Later, the Suit was transferred to District Court, Tanjore and re-numbered as O.S.No.82 of 2004. In I.A.No.239 of 2004, the Purchasers in the Sale Deeds viz., Dhanalakshmi and Naga Pillai have filed the Application under Or.I R.10(2) C.P.C for impleading them as Parties in O.S.No.82 of 2004. The Purchasers have claimed right in the property pursuant to the above said Sale Deeds dated 18.06.1999 and 21.06.1999. Alleging that they made the purchase after bonafide enquiry and that the Vendors are entit