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2021 Supreme(Mad) 3408

S.KANNAMMAL
M. Ezhilmaran – Appellant
Versus
K. Karunanidhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Manoharan for M/s.D.Malarvizhi
For the Respondent: M/s.S.Anuradha Balaji

JUDGMENT :

Challenge in this Second Appeal is to the judgment and decree dated 01.02.2021 passed in A.S No.141 of 2017 on the file of the Principal District Court, Vellore, confirming the order passed in I.A.Nos.625 of 2016 and 626 of 2016 in O.S.No.536 of 2012 dated 02.11.2016 on the file of the Additional District Munsif, Vellore.

2. The main suit in O.S.No.536 of 2012 has been filed by the appellant herein for declaring the appellant as a lawful occupant as bonafide tenant. During the pendency of the above suit, the appellant herein filed petitions in I.A.No.151 of 2011 in O.A.No.150 of 2007 before the Debts Recovery Tribunal-III, Chennai and the same was dismissed.

3. The Admitted facts are that the scheduled mentioned property belongs to one Gnanasekaran and the same was under the mortgage with the second defendant. The second defendant filed O.A. No. 150 of 2007 before the Tribunal for recovery of sum of Rs.49,09,801/- with interest and the same was allowed. The recovery proceedings were initiated on the basis of sale certificate issued by the Tribunal. The Recovery Officer auctioned the scheduled property and the first respondent herein has purchased the property in auction and

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