RAJATHI AMMAL Vs. ANNALAKSHMI

JUDGEMENT

(1.) The appellants 1 and 2 are the wife and daughter of the second respondent respectively. The appellants are the plaintiffs in the suit O.S.No.297 of 1974 before the District Munsif Court, Uthamapalayam laid for maintenance against the second respondent/husband and the said suit was decreed and charge was also created and half share of the property of the second respondent was attached, which half share was also attached in E.P.No.260 of 1974 to execute the decree in O.S.No.1130 of 1970 on the file of the District Munsif, Periyakulam laid by one Shanmugavelu, even before the charge was created by the appellants on 24.6.1994 in O.S.No.297 of 1974.

(2.) In view of the above admitted fact that the charge created on 24.6.1974 in O.S.No.297 of 1974 is subject to the order of attachment in E.P.No.260 of 1974 in O.S.No.1130 of 1970 laid by one Shanmugavelu, the application E.A.No.115 of 1986 filed by the first respondent under Order 21 Rule 58 of the Code of Civil Procedure was allowed and the attachment effected by the appellants was raised and the same was also confirmed by the learned Subordinate Judge, Periyakulam in C.M.A.No.4 of 1990. Hence, this civil miscellaneous second appeal.

(3.) This appeal was admitted on the following substantial questions of law: "Whether a charge created in a maintenance decree over a property can be considered as an absolute transfer of title?"