CHANDRA Vs. V RANGACHARIAR

JUDGEMENT

(1.) THE petitioner who filed an application under Order 21, Rule 58 C.P.C., is before us with this appeal.

(2.) THE respondent had obtained a decree on 19.2.1982 in O.S. 783/81. THE appellant's husband was the judgment debtor. THE respondent attached four items of property on 28.4.1987 in E.P. 26/87. THEreupon, the appellant filed E.A.169/88 to raise the attachment. THE District Munsif, Mannargudi allowed the application in so far as items 2 to 4 of the schedule mentioned properties, but rejected the application in so far as item 1 of the schedule mentioned properties. Against that, an appeal was preferred to the District Judge, Nagapattmam who dismissed the appeal. Against this, the present CMSA has been filed.

(3.) UNDER Order 21, Rule 58, C.P.C., the Court is empowered to adjudicate upon the claim preferred or objection made to the attachment of any property on the ground such property is not attachable. In this case, the factual finding of both the Courts is that the settlement deed itself was effected only to defeat the interest of the decree holder and that actually, the right, title and interest in the property continued with the judgment debtor.