ILLIKKAL DEVASWOM Vs. POTTAKKATT NARAYANAN RAGHAVAN

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff in O. S. No. 172 of 1956, Sub Court, Ernakulam, against the dismissal of its suit to set aside an order passed on a claim petition preferred by it under the following circumstances.

(2.) The suit property of an extent of nearly 60 cents belonged to the plaintiff Devaswom, and was sold in court auction for Rs. 125, on 25-4-1118 and purchased by the 2nd defendant, under a sale certificate which has been filed as Ex. B. The sale was confirmed on 27-5-1118. Para.5 of the plaint alleged that the 2nd defendant orally conveyed the property to the plaintiff Devaswom on 20-12-1122, and on the same day at the request or insistence of Devaswom executed an unregistered sale deed, which has been filed as Ext. A. Thereafter, the 1st defendant, in pursuance of a decree obtained by him against the 2nd defendant attached the suit property on 17-8-1124. The Devaswom filed a claim petition to release the property from attachment. The final order passed on the said petition is evidenced by Ex. J. The attachment was made absolute to the extent of the rights of the auction purchaser namely the 2nd defendant. It is to set aside this order that the suit out of which this appeal arises, was filed. The Trial Court having dismissed the same, the plaintiff has preferred this appeal.

(3.) The plaintiffs claim to set aside the order Ex. J was rested on the ground that the rights of the 2nd defendant had been conveyed to it by the oral sale referred to in Para.5 of the plaint and delivery of possession and the same was confirmed and embodied in Ext. A. The question for consideration is whether the oral sale and the delivery of possession would suffice to convey the title to the plaintiff.