SUNDARA BAI Vs. PONMANI TOWN PANCHAYAT KANYAKUMARI DISTRICT

JUDGEMENT

(1.) THIS appeal is directed against the order in E. A. No. 135 of 1992 in E. P. No. 26 of 1987 in O. S. No. 18 of 1984 on the file of the subordinate Judge, Padmanabhapuram, in which the Subordinate Judge has dismissed the petition filed by the appellant herein under O. 21, Rule 58, c. P. C.

(2.) THE short facts are: THE first respondent filed a suit against the second respondent for arrears of lease amount and has obtained a money decree. In execution of the same, the first respondent is bringing the property concerned in the execution petition for sale. While so, the appellant, the daughter of the second respondent, has filed the petition in E. A. No. 135 of 1992 under 0. 21, Rule 58, C. P. C. making a claim over the property concerned in the execution proceedings which was attached and brought to sale. THE said application was opposed by the first respondent/decree-holder. After hearing the parties, the learned Subordinate Judge dismissed the claim petition. Aggrieved by the same, the claimant has come forward with the above appeal.