CHERIYA Vs. KUMARAN

JUDGEMENT

(1.) Plaintiff is the appellant. His suit far declaration of tittle and cancellation of an order in execution was dismissed by the Trial Court and the decision was confirmed in appeal.

(2.) Plaint A schedule property is 40 cents forming part of B Schedule.2 acres 6 cents which belonged to the Hindu Joint Family consisting of the second respondent and his four sons. In execution of the money decree in O. S.1037 of 1968 obtained against the second respondent alone by one Thomas on a pronote B schedule property was attached on 27-1-1971 as if it is his separate property. It was proclaimed and sold on 25-1-1973 by the decree holder for Rs. 1,021.82. Sale was confirmed on 28-2-1973 and Ext. B1 sale certificate was issued on 6-4-1973. First respondent got assignment of Ext. B1 right on 8-5-1973 for Rs. 1,100/-.

(3.) The four sons of the second respondent filed O. S.61 of 1969 for partition in which second respondent claimed the property to be his own. Rejecting that contention, the suit was decreed on 16-11-1972 evidenced by Exts. Al and A2. The attachment of the property as the separate property of the second respondent was after the institution of the partition suit by the sons claiming it to be joint family property and after the second respondent filed Ext. B3 written statement on 30-1-1970 claiming separate title. Proclamation and sale were after the partition decree as if it is the separate property of the second respondent alone.