K P M SAHEED Vs. ALUMINIUM FABRICATING CO

JUDGEMENT

(1.) The main questions that arise for determination in these two connected matters are:

(2.) The brief facts are these:

(3.) A money decree for Rs. 12,000/- and odd was obtained on 19-3-1976 in O. S No. 220 of 1973 on the file of the 1st Additional Sub Court, Ernakulam. While the suit was pending, there was an order for attachment before judgment on 19-9-1973 and it is said that the attachment was effected on 17-10-1973. An execution application was filed on 21-12-1977 in the Sub Court, Kozhikode, where it was transferred for execution and it was numbered as E. P. 2 of 1978. The properties attached, the cinema theatre and the land were brought to sale, on 17-7-1978 the sale proclamation having been settled on 13-6-1978. Two strangers bid and purchased at this auction