MATHAI Vs. THOMAS

JUDGEMENT

(1.) This is a revision by the judgment - debtor in O.S. No. I11 of 1118 against the order of the learned Additional District Munsiff of Kottayam holding that the petitioner has no right to file an application under S.22 of Kerala Act, XXXI of 1958 (The Kerala Agriculturists Debt Relief Act) and also further holding that the respondent herein should be considered to be a bona fide alienee of the purchaser in court auction.

(2.) In order to appreciate the contention of the learned counsel on both sides, a few facts may be stated. The respondents assignor herein obtained a decree in O.S. No. 111 of 1118 against the petitioner and was taking steps for bringing the properties to sale. It appears that the petitioner purported to assign the properties on 12-1-1118 in favour of a third party and on the strength of this sale deed the latter filed an application objecting to the attachment of the properties effected by the decree holder in execution of the decree in O. S.111 of 1118. It is seen that the properties were actually attached on 13-12-1121 and after hearing the objections to the attachment raised by the stranger-purchaser claiming to be in possession of the properties in his own right independently of the judgment - debtor the court overruled those objections and allowed attachment and other proceedings to continue. The actual order rejecting the third partys objections to attachment was on 18-5-1122.

(3.) Subsequently, the properties were brought to sale by the decree holder and actually on the date when the objections of the third party were overruled, the court sale itself took place, namely, on 18-5-1122, and the decree holder was the auction purchaser also.