ABDUL JALAL Vs. MARIYA FINANCIERS

JUDGEMENT

(1.) This appeal is preferred by the petitioner in E.A. No. 814 of 1997 in E.P. No. 447 of 1997 in O.S. No. 305 of 1994 of the Sub Court, Thrissur. The appellant filed the claim petition under O.21 R.58 of the Code of Civil Procedure. According to the appellant, 1 cent of land in Sy. No. 1258/2 of Thrissur Village and the shop room thereon belong to the appellant. The appellant purchased the said property situated in Thrissur town and described in B schedule to the claim petition, E.A. No. 814 of 1997, as per sale deed No. 4653 of 1994 of Thrissur Sub Registry Office from one Rafi. The said Rafi had purchased the property as per sale deed No. 1688/1994 from one Beena, the second respondent in the appeal.

(2.) On 26.6.1997, the petitioner came to know that two cents of land and the shop rooms of which the appellants land and the shop room form part, had been attached in the suit, O.S. No. 305 of 1994 on 11.3.1994. Ext. A2 sale deed was executed in favour of Rafi on 4.3.1994 and the said sale deed was registered on 11.3.1994. When Rafi took the sale deed, the suit had not been filed. The appellant also took Ext. A1 sale deed without knowledge of the attachment, since at the time of execution of the said document, Rafi also had no information about the suit or attachment. As soon as the appellant came to know of the attachment, he filed the claim petition.

(3.) Objections were filed by the decree holder as well as the judgment debtor. The decree holder filed objection stating that the property was not sold to Rafi on 4.3.1994. The judgment debtor, Rafi as well as the petitioner were aware of the fact of attachment of the petition schedule property. Sale deed No. 1688/94 was prepared and registered to defeat the claim of the decree holder. There is no consideration for this sale deed. This document was prepared collusively by the petitioner joining with Rafi and the second respondent.