GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) All these appeals arise from execution proceedings in E. P. No. 112/86 in O. S. No. 75/80. The Execution Court considered the applications filed by the appellants in E.A. No. 22, 23 and 24 of 1988 and passed a common order.

(2.) All the Execution Applications are against the attachment and sale of the property pursuant to the decree in O.S. No. 75/80 obtained by the 1st respondent decree bolder No. 1. E. A. No. 23/88 is by the wife of the 1st judgment debtor and E. A. Nos. 22 and 24 of 1988 are by the sons of the 1st judgment debtor. They made the claim under O.21 R.58. They contended that they are the owners of the property and they became the owners of the property by virtue of three sale deeds on the game day, namely, 14-6-1983. They purchased the property from the Ist judgment debtor. The sale deeds are Exts. A1, A2 and A3. Enquiry under 21 R.58 requires a proper investigation as regards all questions relating to right, title or interest in the property attached arising between the parties in the proceedings or their representatives.

(3.) Construing this provision Balakrishna Menon, J. said in Ithakku Abraham v. Kesavan Damodaran ( 1987 (1) KLT 704 ) that R.58 of O.21 as amended by the Civil Procedure Code makes it clear that all questions (including questions relating to right title and interest in the property attached) arising between the parties to a proceeding or their representatives under the rule and relevant to the adjudication of the claim or objection shall be determined by the court dealing with claim or objection and not by a separate suit. Sub-r.(4) of O.21 R.58 makes it clear that where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree.