JUDGMENT :

(Prayer: Civil Miscellaneous Second Appeal is filed under Order 41 Rule 27 read with Section 100 of Civil Procedure Code against the judgment and decree dated 01.04.2008 made in C.M.A.No.2 of 2008 on the file of the District Judge, Nilgiris at Udhagamandalam, confirming the fair and decreetal order dated 16.10.2006 made in E.A.No.279 of 1999 in E.P.No.87 of 1998 in O.S.No.25 of 1989 on the file of the Sub-Court, Nilgiris at Udhagamandalam.)

1. The appellants are the claimants, but, they were not arrayed as parties in O.S.No.25 of 1989. The suit property originally belonged to one Morcha Gowder, who died leaving behind his sons, namely, Y.M. Boja Gowder and Y.M. Subramaniam. The second respondent/Y.B.Ramakrishnan is one of the legal heirs of Y.M. Boja Gowder. Whileso, the Tamil Nadu Housing Board/first respondent herein filed a suit in O.S.No.25 of 1989 seeking for recovery of Rs.5,85,552/- and obtained an decree with interest at 18% per annum from the date of suit till the date of realisation. Thereafter, the decree holder/Tamil Nadu Housing Board filed E.P.No.25 of 1989 for attachment and sale of the following properties:

R.S. No. Total extent and extent owned

157/2 1.98 ac