1. Civil Miscellaneous Appeal filed against the judgment and decree dated 17.12.2012 made in R.E.A. No.7 of 2011 in R.E.P No.104 of 2010 in O.S.No.23 of 2010 on the file of Principal District Court, Namakkal.

2. The appellant is a third party, who has filed an application under Order Rule 21 Rule 97 and 99 r/w 151 of CPC making a claim over the suit property, which is the subject matter of an execution petition filed by the first respondent for delivery of possession.

3. The brief facts of the case are as follows:

A property to an extent of 0.37 1/3 cents comprised in old S.F.43/1, New T.S.No.92/2C and 92/2D, Kumarapalayam Village, Namakkal District belong to the Appellant. On 21.3.2003, he executed a registered settlement deed in favour of his mother, Palaniammal. A portion of the property viz., 9000 sq.ft was settled. On 6.9.2007, the Appellant and his mother Palaniammal, jointly executed a sale deed in favour of the second respondent, for a sum of Rs.4,50,000/-. An extent of 0.37 1/3 cents was sold. This comprises in TS No.92/2B, 2C and 2D. A Rectification deed was executed on 12.6.2009 deleting TS No.92/2B as it was irrelevant.

4. According to the Appellant, the Second re