KALYANIAMMAL Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The appeal is against the order in I.A. No. 302 of 1987 in O.S. No. 53 of 1987 on the file of the Subordinate Judge, Tirunelveli. The application before the Court below was one under O. XXI, R. 58, read with O. XXXVIII, R. 8, Civil P.C. The prayer was to release the scheduled property from attachment made by the Court in I.A. No. 220 of 1987 in O.S. No. 53 of 1987. The suit was filed by the 1st respondent herein against the husband of respondent 2, and father of respondents 3 and 4 for recovery of amounts due to the 1st respondent. Pending suit, an attachment was sought with reference to the property, which is now in question, by the 1st respondent.

(2.) The case of the appellant is that the property in question was sold to her on 12-7-1985 for valuable consideration of Rs. 45,000/- by the 2nd respondent in the Court below under a registered sale deed. Respondents 2 to 4 herein are the legal representatives of the 2nd respondent in the Court below, who died during the pendency of proceedings. The claim petition was contested by the 1st respondent-Bank on the ground that the sale alleged by the appellant herein was not a genuine one and it was only in fraud of creditors.

(3.) The Court below has, after considering the evidence adduced by the appellant, come to the conclusion that the sale was in fraud of creditors and the appellant was not a bona fide purchaser. Consequently, the application filed by the appellant was dismissed. Aggrieved by the same, the appellant has preferred this appeal.