NEMANNA YELLAPPA Vs. SYNDICATE BANK ANLOLA

JUDGEMENT

(1.) This appeal is by the claimant and is directed against the order dated 31-8-1978, passed by the Civil Judge, U.K., Karwar, in M.A. No. 14 of 1978 on his file, dismissing the application filed by the appellant to release the truck bearing registration No. MEL 4330 from attachment.

(2.) The Syndicate Bank, Ankola, obtained a decree as per Ext. D-2 in O.S. No. 6 of 1977 on the file ot the Court of the Civil Judge, Uttara Kannada, Karwar, against the three defendants named therein and under the decree, it was contemplated that as far as possible the plaintiff should make attempts to recover the loan by proceeding against the truck of defendant-1B, viz., MEL 4330 and that Defendant-2 should help the plaintiff in such recovery. If however, that was not possible or the amount remained unsatisfied, the plaintiff was free to proceed against the suit trust of Defendant-2 as also the other properties of the defendants. Under the decree, the truck belonging to detendant-2. viz., MEL 4176 was attached Thereafter, respondent-3 in this appeal, viz., defendant in the suit, got issued an attachment warrant for the present truck in question and got it attached on 14-3-1978, representing that the truck belonged to the present responden,t-2B, who was defendant-IB in the suit. It is the case of the appellant, who was the applicant before the learned Civil Judge under Or. 21 R. 58 CPC, that he had purchased the truck from the original defendant-1B as per the terms contained in Ext. P-1. Ext. P-1 is an agreement of sale dated 11-3-1976 entered into by defendant-1B in favour of the present appellant-applicant, under which he agreed to purchase the truck for Rs. 72,501. He paid Rs. 17,001 immediately and agreed to pay Rs. 4,500 to respondent-2B before 25-3-1976 and further agreed to pay Rs. 51,000 to the State Bank of India, Yellapur Branch and thereafter, he agreed to get the truck registered in the R.C. in his name. For that purpose, as can be seen from Ext. P-1, respondent-2B got the application signed by his vendor. Pursuant to the agreement to sell, the truck was delivered to him and he was using the truck in his own right and besides paying Rs. 17,001 to the vendor, he paid Rs. 4,500 to respojadent-2B on 25-3-1976 as per Ext. P-2 Thereafter, he went on crediting to the Bank thei instalments at the rate of Rs. 2,000 per month as agreed under Exts. P-19 to P-39. Thus, according to him, he had become the owner of the truck, and not the original defendant-1B. On these grounds he approached the Civil Court for releasing the truck from attachment.

(3.) The application was no doubt opposed by the concerned parties though not by the original defendant-IB, who admitted that he had sold the truck to the present appellant-applicant.