CHANDRIKA Vs. GANGADHARAN

JUDGEMENT

(1.) The two points arising for decision in this revision filed by a third party challenging an order passed in execution in E.A. 344/1982 in E.P. 207/1982 in O.S. 408/1974 on the file of the Munsiff's Court, Parappanangadi, rejecting the prayer of the petitioner to get herself impleaded in the execution proceedings are:

(2.) A few facts necessary for the disposal of this revision as disclosed from the affidavit filed by the petitioner in the court below and the other records available can now be stated as Hereunder.

(3.) O.S. No. 408/1974 was a suit for partition and as per the decree in that suit the rights of deceased Kutta were said to have been set apart to the respondent herein and to Chinnan, the husband of the petitioner. It is alleged that Chinnan married the petitioner on 5-7-1982 as per a marriage udampady. Chinnan was in intimacy with the petitioner and as a result, she became pregnant, even before the marriage. According to the petitioner, after the marriage Chinnan took her to the house which is sought to be delivered in execution, and thereafter she has been residing in that house. On 13-7-1982 without notice to the petitioner, Chinnan revoked the marriage and sent a notice stating that the petitioner was staging sathyagraha on the verandah of the house in question. Chinnan also assigned his right in the house in favour of Chandran in order to defeat the rights of the petitioner. When the decree in O.S. 408/1974 was sought to be executed, the petitioner resisted the delivery. On the report of the Amin, police help was ordered. It was then that the petitioner filed an application to get herself impleaded in the execution petition, contending that the allegations made by Chinnan against her are incorrect and that she had filed O. S. 230/1982 for a declaration that the assignment made by Chinnan in favour of Chandran was invalid.