ORDER: This civil revision petition has been filed by the petitioner as revision petitioner against the order and decretal order dated 12.11.2001 and made in E.A.No.478 of 2000 in E.P.No.257 of 1996 in O.S.No.203 of 1998 on the file of the learned Subordinate Judge, Srivilliputhur.

2. The facts that are necessary for disposal of the civil revision petition are as follows: The second respondent herein is the owner of the property described as fourth item in the execution petition in E.P.No.257 of 1996 and the said property was brought to sale in Court auction in execution of the decree obtained by one Lakshmi against the second respondent herein in O.S.No.72 of 1986 on the file of the Sub Court, Srivilliputhur for the amount due under a promissory note from the second respondent herein to the abovesaid Lakshmi. The demised property was sold in Court auction in E.P.No.15 of 1989 in O.S.No.72 of 1986 on 4.2.1994 and the said property was purchased by one Tamilselvam admittedly for a sum of Rs.12,000. The sale was admittedly confirmed on 29.4.1994 and a sale certificate was issued in favour of Tamilselvam by the Execution Court. The above Tamilselvam sold the demised property in favour of the revision petitioner by means of a registered sale deed dated 21.11.1994 for Rs.12,151 and from that day he has been in possession and enjoyment of the said property as absolute owner thereof. The fifth respondent is said to have purchased the demised property and other properties on 10.12.1999 in Court auction sale brought in execution of a mortgage decree in O.S.No.203 of 1988 on the file of the Sub Court, Srivilliputhur obtained against the second respondent by the first respondent. The revision petitioner was not a party to the suit in O.S.No.203 of 1988 or party to the execution proceeding in E.P.No.257 of 1996 in O.S.No.203 of 1988 on the file of the Sub Court, Srivilliputhur. Pursuant to the sale certificate issued after confirmation of sale on 1.3.2000, the fifth respondent herein is taking steps through Court to take delivery of possession of the demised property from the revision petitioner. It is under the said circumstances, the revision petitioner has filed the said execution application to declare that the sale of the demised property described in the execution application in the Court auction on 10.12.1999 in E.P.No.257 of 1996 in O.S.No.203 of 1988 on the file of the Sub Court, Srivilliputhur and confirmation of sale on 1.3.2000 are not sustainable and will not confer any title in favour of the fifth respondent herein.

3. The first respondent herein has registered the claim made by the revision petitioner on the following grounds:

The first respondent herein is a registered chit fund company and the second respondent was a subscriber of chit of denomination of Rs.1,50,000. The second respondent herein beat chit on eighth month and received the amount on 12.7.1984. after executing a promissory note. As security the second respondent deposited the title deeds of the property described in the execution application on 17.8.1984 and other properties. Thereafter a memorandum was also given by the second respondent in favour of the first respondent with regard to the deposit of title deeds as security on 17.8.1984 itself for the amount received on 12.7.1984. The second respondent has failed to pay the amount due to the first respondent and therefore a suit for recovery of the amount due to the first respondent from the second respondent was filed in O.S.No.203 of 1988 and a preliminary decree was obtained on 27.4.1993. A final decree was passed on 29.1.1996. The properties were brought to sale in Court auction in E.P.No.257 of 1996 in O.S.No.203 of 1988 on the file of the Sub Court, Srivilliputhur and the fifth respondent purchased the demised property and other properties for Rs.43,300. The sale was confirmed in favour of the fifth respondent with regard to the demised property and other properties on 1.3.2000 and sale certificate was a

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