The Judgment was delivered by :

This appeal arises as against the order made in I.A. No. 14298 of 1989 on the file of the learned Third Assistant City Civil Judge, Madras. I.A. No. 14298/89 was filed under Order 9, Rule 13, C.P.C. by the petitioner/defendant for setting aside the ex parte decree made in the suit. The suit is for delivery of vacant possession of suit property, namely, house and premises bearing Door No. 24, Munuswamy Achari Street, Perambur, Madras 11 to the plaintiff/respondent herein and for directing the defendant/petitioner herein to pay a sum of Rs. 12, 600/- towards past mesne profits with interest at 12% P.A. from the date of the plaint till the date of realisation and also future mesne profits at the rate of Rs. 350/- per month from the date of the plaint till the date of delivery of vacant possession.

2. The respondent herein is a purchaser of the suit property in an auction held under the powers conferred upon the original mortgagee under Section 69-A of the Transfer of Property Act. The respondent, after getting the sale deed in his favour, filed the suit for possession and for other reliefs as stated above. The petitioner herein as defendant fi