D SOUNDARARAJAN Vs. B S GOPALAKRISHNAN

JUDGEMENT

(1.) THE 10th defendant is the appellant.

(2.) THE facts of the case are: THE plaintiff who obtained a money decree against Guruswamy and Venkatesan in O.S.No.18 of 1972 on the file of the District Court Dharmapuri, execution thereof, attached the whole of the suit properties and brought them to E.P.No.13 of 1974. While so, defendants 1 to 9 filed O.S.No.64 of 1974 and got a declaration that they had title to 2/3rd share in the property and that suit was decreed. THErefore, E.P.No.44 of 1974 the plaintiff reattached 1/3rd share alone as belonging to the debtors and he himself purchased it in court-auction held on 20.4.1977. While one judgment-debtors, viz., Venkatesan filed I.P.No.5 of 1974 on 20.6.1974 and was adjudged insolvent on 23.7.1975. In the insolvency proceedings the 10th defendant purchased share of Venkatesan in item 2 of the suit properties on 31.1.1977.

(3.) THE trial Court, on consideration of the issues framed in the suit, held that because attachment of l/3rd share of both the judgment-debtors in E.P.No.44 6f 1974 on the subsequent purchase of l/12th share of Venkatesan in the 2nd item by defendant on 31.1.1977 is hit by the principle of lis pendens. It further held purchase by the plaintiff in the court auction on 20.4.1977 is binding on the 10th who purchased the 1/12th share of Venkatesan in the 2nd item on 31.1.1977. On findings the trial Court rejected the contention of the 10th defendant and in the decreed the suit holding that the plaintiff is entitled to 1/3rd share of the suit properties.