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2000 Supreme(Mad) 502

P.SATHASIVAM
Sri Krishna Chit Funds (Sattur Private Limited), Sattur having its office at Door No. 19 Pillaiyar Koil St, Sattur Town and Taluk through its Managing Director Tmt. R. Umayal – Appellant
Versus
R. S. Pillai and another – Respondent


Advocates:
Mr.Peppin Fernando, Advocate for Appellant. Mr.G. Subramanian, Senior Counsel for Mr.T.Subramanian, for Respondents.

Judgment :

1. Aggrieved by the orders in E.A. No. 38 of 1999 in E.P. No. 87 of 1999 in O.S. No. 18 of 1997 on the file of Subordinate Judge, Sivakasi, which was confirmed by the Principal District Judge, Srivilliputhur in C.M.A. No. 34 of 1999, the appellant has filed the above second appeal before this Court.

2. The case of the appellant is briefly stated hereunder: The appellant Sri Krishna Chit Funds purchased the suit property in dispute from the 2nd respondent herein for valuable consideration on 297. They were put in possession and enjoyment of the said property even on the date of sale. The appellant is continuing in possession of the suit property, it is stated that the first respondent herein filed a suit in O.S. No. 18 of 1997 against the 2nd respondent, herein and obtained attachment before judgment of the-said-property belonging to the 2nd respondent. The appellant was not aware of the said attachment before judgment. The appellant as a bona fide purchaser made enquiries and perused encumbrance certificate. The Encumbrance certificate obtained did not disclose the attachment before judgment. When the sale proclamation was sought to be affixed in the suit property, th
















































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