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2019 Supreme(Mad) 2827

N.SESHASAYEE
Nataraja Naidu – Appellant
Versus
Soundararajan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Kumarasamy, Senior Counsel assisted by S. Kaithamalai Kumaran
For the Respondent: R. Rajarajan

JUDGMENT :

N. SESHASAYEE, J.

1. The first appellant herein has laid a suit for setting aside a Court auction-sale. The suit came to be decreed, but the first Appellate Court has reversed the same. Hence, the plaintiff is before this Court.

2.1. The suit property, which was described as a house site when the present suit was laid, was purchased by the plaintiff from the second defendant through his Power of Attorney, namely the defendants 3 and 4, on 13.8.1999, under Ext. A1, sale deed. He is a bona fide purchaser for value, and later he came to know that the property has been sold in a Court auction, and delivery has been granted to the first defendant. The rest of the allegations are that the plaintiff learnt that the first defendant had laid a suit for recovery of money against the second defendant in O.S. No. 272/99 on the file of District Munsif Court, Thiruvannamalai.

In that suit, the first defendant had taken out I.A. No. 684/99 for attaching the suit property, before judgment. The attachment was ordered on 27.07.1999 and came to be effected on 15.08.1999. Two days prior to

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