JUDGMENT

The plaintiff in a suit for recovery of possession is the appellant before this Court. The facts which are necessary for disposing of the Second Appeal are reproduced herein below in a nutshell:

2.The plaintiff is a successful bidder in a Court auction held in 13.06.2001 in E.A.206 of 2001 in E.P.No.51 of 2000. After the confirmation of the auction sale the plaintiff had moved for issuance of sale certificate and by an order dated 31.03.2010 the sale certificate was also issued to the plaintiff. Thereafter, on 15.06.2010, the plaintiff who was the auction purchaser took out proceedings under Order XXI Rule 95 read with read with Section 151 of the Code of Civil Procedure in E.P.No.28 of 2010 for delivery of possession. Since the Execution Petition is filed much beyond one year period the Execution Petition was dismissed giving liberty to the petitioner to file a suit.

3.Pursuant to this Order on 18.04.2011 the plaintiff had filed the suit O.S.No.42 of 2012 on the file of the District Munsif Court, Sathyamangalam for recovery of possession of the property which is the subject matter of this Second Appeal. The suit was dismissed on the ground that it was barred by the provisio