C.R.P(PD)No.871 of 2015

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

26.04.2022

Pronounced on

29.04.2022

CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD

Civil Revision Petition (PD) No.871 of 2015

Kolanji Udayar

... Petitioner

Vs.

1. Balasubramanian

2. Periyasamy

…Respondents

Civil Revision Petition filed under Article 227 of the Constitution of

India, praying to set aside the judgment and decree dated 16.10.2014 passed

in C.M.A.No.36 of 2011 on the file of the III Additional District and Sessions

Court, Cuddalore at Vridhachalam confirming the fair and decreetal order

dated 31.01.2011 passed in I.A.No.1000 of 2008 in O.S.No.148 of 2008

before the Additional Sub Court, Vridhachalam.

For Petitioner

: Mr.T.Sezhian

for Mrs.R.Meenal

For Respondent 1 : Mr.A.L.Ganthimathi

For Respondents 2 : No Appearance

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C.R.P(PD)No.871 of 2015

O R D E R

This Civil Revision Petition No.871 of 2015 has been filed challenging

the judgment and decree passed in C.M.A.No.36 of 2011 dated 16.10.2014

by the III Additional District and Sessions Court, Cuddalore at

Vridhachalam, confirming the fair and decreetal order dated 31.01.2011

passed in I.A.No.1000 of 2008 in O.S.No.148 of 2008 before the Additional

Sub Court, Vridhachalam.

2. The learned counsel for the petitioner submitted that the revision

petitioner is the appellant and third party in C.M.A.No.36 of 2011 and filed

an Interlocutory Application in I.A.No.1000 of 2008 in O.S.No.148 of 2008

to raise the attachment of the property and the same was dismissed by the

Additional Sub Court, Vridhachalam on 31.01.2011, against which the

revision petitioner/appellant/third party has filed a C.M.A.No.36 of 2011

under Order 43 Rule 1 of C.P.C.,

2.1. The petition mentioned properties are originally belonged to the

second respondent viz., Periyasamy and his son Sivakumar and his paternal

uncle Narayanasamy. The revision petitioner/appellant/third party has

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C.R.P(PD)No.871 of 2015

executed a power of attorney on 11.09.2007 in favour of his wife

Banumathi and she was authorized to purchase the properties on behalf of the

revision petitioner/appellant/third party. The petition mentioned properties

were sold by the above said three persons in favour of the revision

petitioner/appellant/third party under registered sale deed document on

17.12.2007 for a sale consideration of sum of Rs.6,17,000/- and on the same

day, the possession was handed over to the revision petitioner/appellant/third

party.

2.2. The above said petition mentioned properties were sold by the

three persons only for discharge of mortgage against one Subramanian dated

04.06.2001 for Rs.1,40,000/- and the revision petitioner/appellant/third party

has given the same to them for discharging the loan. Further, the three

persons received a debts of Rs.60,000/- to discharge the loan from Adari

Palavan Bank and Rs.3,37,000/- for family expenses and for discharging the

family debts. Therefore, the above mentioned three persons received a sum

of Rs.6,17,000/- from the revision petitioner/appellant/third party. The

revision petitioner/appellant/third party has been in possession of the petition

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C.R.P(PD)No.871 of 2015

mentioned properties from the date of purchase.

2.3. The revision petitioner/appellant/third party came to know that the

first respondent/plaintiff has attached the properties on 23.10.2008 by

mentioning the second respondent/defendant as owner of the petition

mentioned properties.

3. The learned counsel appearing for the petitioner further submitted

that the sale deed dated 17.12.2007 was executed only to discharge the loan

taken by the second respondent/defe