ANNIE M. MATHEW Vs. M.K. THOMAS

JUDGEMENT

(1.) Claim petition filed under Order XXI Rule 58 of the Code of civil Procedure was dismissed by the execution court. The claimant is in appeal.

(2.) A decree for money, charged on immovable property is under execution. The suit was one filed by the vendor for recovery of balance sale consideration charged on the property. The suit was filed on 06.11.2007. The suit was decreed on 30.06.2010 allowing the plaintiff to realise the decree debt charged on the property.

(3.) In the course of the execution proceedings, the appellant and one Byju M. Mathew filed claim petitions as EA 182/15 and EA 184/15 respectively under Order XXI Rule 58 of CPC. The said Byju M. Mathew claimed to have purchased the property as per Ext. A1 sale deed dated 08.11.2013. The appellant herein claimed to be a tenant under him.