PAPAVINASOM SUBRAHMONIAM Vs. DAIVANI NAGARAMMA

JUDGEMENT

(1.) The appellant is the 3rd defendant in a suit to set aside the decrees in O.S. No. 81 of 1100 on the file of the District Court, Nagercoil, and O.S. No. 17 of 1101 on the file of the District Court, Trivandrum, as also the execution proceedings had thereon been affected by fraud and for recovery of the plaint property with mesne profits.

(2.) The facts are as follow: The 2nd defendant was the foreman of a chitty started in 1096 in which the 1st defendants father was a subscriber who prized his ticket and executed the bond, Ext. C, mortgaging the plaint property to secure due payment of future subscriptions. For amounts due to the plaintiff by the foreman, he assigned the said bond to her in 1078 (Vide Exts. B and F dated 11-11-1098 and 7-12-1098). The 3rd defendant, professing to be a subscriber in the above said chitty, instituted O.S. No. 81 of 1100 on the file of the District Court, Nagercoil, for paid up subscriptions, and in execution of the decree obtained therein purchased the rights under Ext. C. He then filed O.S. No. 17 of 1101 in the District Court, Trivandrum, to enforce the bond, with the present plaintiff also as a party thereto, obtained decree and purchased the suit property in court sale. The plaintiff thereupon instituted this suit on 24-5-1113 for a declaration that the aforesaid two decrees and their execution proceedings were fraudulent and therefore invalid as against her.

(3.) The fraud alleged was twofold, namely, (i) setting up a false claim in a suit, and (ii) getting it decreed by fraudulent contrivances.