LAWS(MAD)-2002-9-34

M GOVINDA GOUNDER Vs. PICHANDI PILLAI

Decided On September 06, 2002
M.GOVINDA GOUNDER Appellant
V/S
PICHANDI PILLAI Respondents

JUDGEMENT

(1.) THIS Civil Miscellaneous Second Appeal is directed against the judgment of the learned Additional Subordinate Judge, Vellore, in C.M.A.No.19 of 1988 confirming the order of the learned District Munsif, Ranipet, in E.A.No.275 of 1987 in E.P.No.560 of 1985 in O.S.No.245 of 1984. The applicant/appellant herein is a third party claimant.

(2.) IN the Claim petition, the applicant/appellant herein, contended that he had purchased the petition mentioned schedule property from the defendant/judgment-debtor and also from his son for a valid consideration of Rs.7,900/- on 19.9.1985 by a registered sale deed and since then he is in possession and enjoyment of the property as a bona fide purchaser. The appellant came to know that on 1.4.1987 that the respondent/plaintiff had obtained a money decree against the defendant and had attached the schedule property. According to the appellant, he had purchased the property before the attachment and he had no knowledge about the debt of the defendant or decree against the defendant. The defendant had no right or title over the schedule property as on the date of the attachment as he had already purchased the same on 19.9.1985 itself. Therefore, the attachment made by the plaintiff was illegal and invalid and the petitioner prayed for the removal of the attachment over the property.

(3.) THOUGH the notice has been served on the respondents, neither of them had appeared in person or through counsel.