K N RAMACHANDRAN Vs. KANNI VELAN

JUDGEMENT

(1.) his is an appeal under Clause.15 of the Letters Patent against the decree and judgment of Mr. Justice Mack of the Madras High Court confirming the decree of the learned Subordinate Judge of Palghat dismissing the plaintiffs suit, O. S. 39/1949.

(2.) The facts leading up to the institution of the suit are as follows: The suit properties, among others belonged to a joint undivided Hindu family consisting of the father Naganatha Ayyar and his four sons. One Subbulakshmi Ammal a creditor of the said family, filed O. S. 59/38 in the sub court of South Malabar at Palghat for recovery of certain amounts due to her. After instituting the suit, she obtained an attachment before judgment of the rights of Naganatha Ayyar and his sons over the suit properties and other properties. The order of attachment is stated to have been obtained sometime between 15th and 19th December 1938. Ultimately, a decree was passed in that and the order of attachment was also made absolute on 18-2-1939.

(3.) In the meanwhile, on 22-12-1938, I. P. 15/38 was filed in the Palghat court for adjudicating Naganatha Ayyar as an insolvent and on 1-4-1939, the said Naganatha Ayyar was adjudicated an insolvent. In the course of the administration of the estate, the Official Receiver sold the suit properties and other properties of the insolvents family on 31-7-1939 and the plaint items were pur chased by the third defendant. On 16-8-1939, the Official Receiver executed a sale deed, Ext. B1 in favour of the third defendant. The first and second defendants, who are the tenants on the land, appear to have subsequently attorned to the third defendant, the purchaser.