JUDGMENT

(Prayer: Second Appeal filed Under Section 100 r/w Order 42, Rule 1of C.P.C., as against the decree and judgment dated 27.09.2011 in A.S.No.95 of 2010 on the file of the 1st Additional Subordinate Judge, Cuddalore reversing and setting aside the findings rendered in the Decree and judgment dated 06.10.2010 in OS.No.377 of 2010, on the file of the Principal District Munsif, Cuddalore.)

Judgment

1. The plaintiff is the appellant in this Second Appeal.

2. The case of the plaintiff is that the suit property originally belonged to one Annamalai, the father of the 1st defendant. The mother in law of the plaintiff filed a suit against Annamalai in O.S. No. 1226 of 1978 for recovery of money under a promissory note. The suit was decreed and the amount was not paid by the said Annamalai as per the decree. Hence, E.P. No. 219 of 1986 was filed for execution of the decree. The suit property was attached and it was sold in a public auction held on 15.12.1986 and it was purchased by the plaintiff. The judgment debtor moved an application to set aside the auction sale and it was also dismissed. Thereafter, sale confirmation certificate was issued in favour of the plaintiff. Thereafter, the