ANTHOY S O KUNJU UTHUP Vs. KUNJAVARANKUTTY HAJEE

JUDGEMENT

(1.) These two appeals are filed against the orders in E.A. No. 131 of 1999 and E.A. No. 87 of 2000 in O.S. No. 644 of 1992 on the file of the Sub Court, Tirur. E.F.A. No. 43 of 2001 is filed against the order in E.A. No. 131 of 1999, while EFA No. 44 of 2001 is filed against the order in E.A. No. 87 of 2000. Both these are claim petitions filed under O.21, R.58 of the Code of Civil Procedure (hereinafter referred to as CPC).

(2.) Appellant, in both these appeals, Anthony is the decree holder in O.S. No. 644 of 1992 of the Sub Court, Irinjalakuda. He filed the suit against the defendant - T.V. Viswanathan for recovery of money. After the filing of the suit, the appellant herein attached before judgment two items of properties by filing POP No. 22 of 1988. These two items of properties are 34.25 cents in Sy. No. 297/4A and 1 acre and 28 cents in Sy. No. 268/2. On 27.2.1988, the court called upon the respondent - Viswanathan to furnish security and to satisfy the plaint claim on or before 30.3.1988. It also issued conditional order. Since no security was furnished the property was attached on 1.3.1988.

(3.) It appears that thereafter, a claim petition was filed against the attachment. That was filed by the claimants Nazar and Jayaram praying for release of attachment as according to them, the properties do not belong to the judgment debtor. The claim petition is dated 8.3.1988. In the affidavit filed along with the claim petition, it is stated that the schedule properties were sold to the claimants and to one Dharmarajan, Raveendran, Appukuttan, Nizamudeen and Yuseff. The sale deed is dated 1.2.1988 and it was executed through Malappuram Sub Registry Office for valuable consideration by power of attorney holder of T.V. Viswanathan - defendant in the case. On the date of attachment, Viswanathan had no right over the properties. Certified copy of the claim petition is produced as Ext. A11 in the case.