VYAKULAM Vs. ARUL PRAKASAN

JUDGEMENT

(1.) Appeal is directed against the order of Sub Court, Palakkad in E. A. 93/19 6 in E. P. 18/1985 in O. S.73/1978. The decree holder is the appellant. The execution application was filed by 1st respondent under O.21 R.58 C. P. C. alleging that the property was purchased by him in court auction in execution of the decree in O. S.337/1978 and delivery taken. Some liabilities outstanding on the property were also discharged by him. Claiming himself to be the owner of the property he wanted the attachment mad; by the court in execution of the decree in O. S.73/1978 to be released.

(2.) Appellant decree holder contended that the properties' were attached as per order in E. P. 78/1982, but there were no bidders at the time of auction and that petition was dismissed. The present execution petition was thereafter filed and the properties were again attached. It was contended that he was not aware of the decree in O. S.337/1978. He further contended that the properties are attached by him first and that the execution proceedings initiated by 1st respondent ate not binding on him.

(3.) No witness was examined on either side. Four documents were produced on the side of the claimant. The executing court on a consideration of those documents and after hearing both sides held that title to the properties had validly passed to the claimant and that the properties are not liable to be attached and sold in execution of the decree in O. S.73/1978. In consequence the claim petition was allowed. That order is under challenge in this appeal.