NARAYANAN NAIR Vs. MARIYAKUTTY

JUDGEMENT

(1.) The decree holder in O.S. No, 146. ,of 1985 on the file of the Principal Sub Court, Palakkad is the appellant.

(2.) The appellant filed a suit for recovery of money from the 2nd respondent herein. The suit was decreed. Execution Petition 65 of ,1985 was filed by the decree holder/appellant seeking 'execution by attachment of a stage carriage bearing Registration No. KLG 9858. Initially an interim attachment was ordered. The first respondent filed E. A. 295 of 1987 under O.21 R.48 stating that he is the owner of the vehicle sought to be attached. That contention was upheld by the Execution Court. An Appeal preferred by the appellant before the District Court was dismissed. 'Hence this Execution Second Appeal.

(3.) It is not disputed that originally the vehicle belonged to the 2nd respondent. The claimant's case is that she purchased the vehicle on 15-2-1985 from the 2nd respondent and therefore, the 2nd respondent had no manner of right over the vehicle on the date of attachment on 6-4-1987. In support of her contention the first respondent produced Exts. A1 to A34. Ext. A4 is an agreement dt. 15-2-1984 entered into between the 2nd respondent and the first respondent in regard to the sale of the vehicle. Ext. A2, of the same date, is a receipt issued by the second respondent for receipt of the sale consideration. Ext. A3 also dated 15-2-1985 is the sale letter relating to the vehicle executed by the second respondent in favour of the first respondent.