C.M.S.A(MD)No.8 to 10 of 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order

Date of Pronouncing the Order

02.03.2022 22.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

C.M.S.A(MD)No.8 to 10 of 2013

C.M.S.A(MD)No.8 of 2013

E.Sivasubramanian

... Appellant/Appellant/

Petitioner/Clainant Objector/

3rd Party

vs

1.Chatna U.Jain

Through Power Agent,

C.Uttam Chand Jain

2.V.Mariammal

3.Ramalakshmi

... Respondents

R2 & R3 dispense with vide memo in USR 3863,3664 & 3865

PRAYER: Civil Miscellaneous Second Appeal filed under Order 21 Rule

58(4) r/w 100 of Code of Civil Procedure, praying this Court to

set aside the judgment and decree passed in C.M.A.No.3 of 2011 on

the file of Principal Subordinate Court, Tirunelveli dated

22.08.2011 confirming the fair and decreetal order passed in

E.A.No.404 of 2010 in E.P.No.311 of 2007 in O.S.No.206 of 2006 on

the file of the Principal District Munsif Court, Tirunelveli, dated

28.01.2011.

C.M.S.A(MD)No.9 of 2013

E.Sivasubramanian

... Appellant

vs

1.Barath U.Jain

Through Power Agent,

C.Uttam Chand Jain

2.V.Mariammal

3.Ramalakshmi

... Respondents

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C.M.S.A(MD)No.8 to 10 of 2013

PRAYER: Civil Miscellaneous Second Appeal filed under Order 21 Rule

58(4) r/w 100 of Code of Civil Procedure, praying this Court to set

aside the judgment and decree passed in C.M.A.No.4 of 2011 on the

file of Principal Subordinate Court, Tirunelveli dated 22.08.2011

confirming the fair and decreetal order passed in E.A.No.405 of 2010

in E.P.No.313 of 2007 in O.S.No.224 of 2006 on the file of the

Principal District Munsif Court, Tirunelveli, dated 28.01.2011.

C.M.S.A(MD)No.10 of 2013

E.Sivasubramanian

... Appellant

vs

1.Bavana U.Jain

Through Power Agent,

C.Uttam Chand Jain

2.V.Mariammal

3.Ramalakshmi

... Respondents

PRAYER: Civil Miscellaneous Second Appeal filed under Order 21 Rule

58(4) r/w 100 of Code of Civil Procedure, praying this Court to set

aside the judgment and decree passed in C.M.A.No.5 of 2011 on the

file of Principal Subordinate Court, Tirunelveli dated 22.08.2011

confirming the fair and decreetal order passed in E.A.No.442 of 2010

in E.P.No.312 of 2007 in O.S.No.208 of 2006 on the file of the

Principal District Munsif Court, Tirunelveli, dated 28.01.2011.

For Appellant : Mr.H.Arumugam

For R1

: Mr.S.Meenakshi Sundaram

Senior Counsel

for Mr.R.Manimaran

For R2 & R3

: Dispensed with

(in all appeals)

COMMON JUDGMENT

The defeated claimant objector is the appellant herein.

2.The common facts in all the three appeals are as under:-

(i) The appellant herein is the objector in execution

proceedings and third party to the decree and claims to be the owner

of the property situated in Door No.35, Karuvelankundu Street,

Tirunelveli Town, Tirunelveli Town, which is mentioned as third item

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C.M.S.A(MD)No.8 to 10 of 2013

in the schedule to the excution proceedings in E.P.No.312 of 2007.

He claims to have purchased the schedule property from one

Venkatachalam, S/o.Dhanshkodi Kone, through his power agent Vaaikkan

Konar by a registered sale deed bearing No.2018/2005, dated

29.04.2005 for a valid consideration and he is in possession of the

same from the date of purchase. The registration copy of the sale

deed is produced along with the petition in E.P.No.313 of 2007. The

tax reciepts stand in his name from September 2005 and the copy of

the order of transfer of name in his favour by Tirunelveli Municipal

Corporation, dated 10.09.2005 and payment of property tax even on

and from 21.09.2005 are produced along with the petition in

E.P.No.313 of 2007.

(ii) He claimed that he is in possession of the property and

also sold the