DUVURU JAYA MOHANA REDDY Vs. ALLURU NAGI REDDY

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) This appeal arises out of a suit filed by the appellants under Order 21, Rule 58, C.P.C. in respect of property which was attached and sold in execution of a decree passed against respondent No. 3. The appellants are the son and daughter of respondent No. 3. They are claiming the property on the basis of a sale deed dated October 9, 1957 executed in their favour. They had filed objections against attachment and sale of the property in the execution proceedings but the same were dismissed and thereafter the present suit was filed. The suit was contested by respondent No. 1, the auction purchaser and respondent No. 2, the decree-holder. They asserted that the suit property really belongs to the judgment-debtor (respondent No. 3) and that the sale transaction in favour of the appellants was in the nature of a benami transaction. The suit was dismissed by the trial Court but it was decreed in favour of the appellants by the lower appellate Court. The High Court in Second Appeal, has reversed the judgment and decree of the lower appellate Court and has restored that of the trial Court. Hence this appeal.