LAKSHMIKUTTY AMMA RETNAMMA Vs. P N KRISHNA PILLAI

JUDGEMENT

(1.) This Appeal by sixth defendant in the suit, is directed against the concurrent findings of the courts below. The courts below declared that a court sale, pursuant to Ext. A7 decree in O.S. 147/68, was not binding on the respondent/plaintiffs.

(2.) The chronology of events, leading to the Suit from which the Second Appeal arises, is as follows: The original owner of the Suit property, 4th defendant, sold it to 5th defendant by Ext. A2 dated 18-2-1958 and he, in turn sold it to 'Nair Sahodhara Sangham' by Ext. Al dated 6-7-1960. Plaintiff N.S.S. Karayogam stepped into the shoes of the 'Nair Sahodhara Sangham' by reason of Exts. A3 and All. While so, one Sankaran Narayanan filed a Suit, OS 359/63 against the aforesaid Sangham, and that ended in a compromise (Ext. A5). Earlier, 4th defendant had executed Ext. B4 chitty bond in favour of first defendant. Based on that, first defendant filed OS 147/68 against the 4th defendant. Ext. A6 is the judgment in that Suit and Ext. A7 the decree; Plaintiffs were not parties to the Suit.

(3.) In execution of Ext. A7 decree, the suit property was sold in court auction. Defendants 2 & 3 purchased the same. Ext. A8 is the Delivery Kychit. Later, 3rd defendant executed Ext. A9 release deed in favour, of second defendant. Second defendant conveyed her rights to 6th defendant under Ext. B1 dated 24-9-1975.