PEOPLES CO-OPERATIVE BANK Vs. PARVATHY AYYANA PILLAI

JUDGEMENT

(1.) This is an appeal by the defendant against the decree and judgment of our learned brother Mr. Justice Joseph, confirming the decrees of the two lower courts.

(2.) There is no dispute about the facts The plaintiff is the decree holder purchaser of the suit properties in execution of the mortgage decree obtained by him in O. S.1875/1104 District Munsiffs Court, Nagarcoil against one Umayamma. The mortgage in his favour was on 12-10-1100 and the decree in the mortgage suit, Ext - A, was on 12-10-1105. He purchased the properties on 28-3-1113 in court sale & the sale was confirmed on 29-4-1113 & he obtained delivery of the properties on 11-1-1117 as evidenced by the delivery receipt, Ex C.

(3.) In the meanwhile, the defendant, in execution of the decree in A. R. C. 6236/1109 appears to have attached the suit properties on 2-10 -1110 and ultimately purchased the properties under the said money decree. The defendant also obtained possession on 27-6 -1113 as evidenced by Ex-4.