RAGHAVAN PILLAI Vs. DAMODARAN PILLAI

JUDGEMENT

(1.) O. S. No. 198 of 1964 of the Munsiff's Court, Quilon, was a suit for specific performance of a contract of sale for the plaint property. This suit, instituted in 1964, was decreed on 28-3-1966 in favour of the plaintiff only in respect of the recovery of purchase money. The relief prayed in the plaint for specific performance of the contract of sale was not granted. Nor did the decree give a charge for the amount allowed to be recovered.

(2.) Prior to the decree by a document dated 26-2-1965 the judgment debtor is alleged to have transferred the plaint property by a deed of sale (Ext. P1) to the 1st respondent in this Civil Revision Petition who. according to the petitioner decree holder, is the uncle of the judgment debtor.

(3.) After the decree, the plaint property was attached and sold in court auction. The decree holder purchased the property. It also appears that he obtained delivery of the property. The 1st respondent, the purchaser of the property from the judgment debtor filed a petition under O.21 R.90 C. P. C. to set aside the sale. However, this petition was dismissed on the ground that since the alleged purchase was before the date of attachment of the property, the interest of the petitioner therein would not be affected by the sale.