SARASWATHI AMMAL Vs. MANICKAVASAKA REDDIAR AND ANOTHER

JUDGEMENT

(1.) The petitioner in E. A. No. 54 of 1965 in O. S. No. 92 of 1962 on the file of the Court of the Subordinate Judge of Cuddalore, under O. 21 R. 90 Code of Civil Procedure for setting aside a sale held on 21st December 1964 on the ground that it is initiated by material irregularity and fraud, is the appellant before us. The property in dispute is claimed to have been purchased by the appellant from one K.M. Krishnan for Rs. 25,000/ - under a registered sale deed dated 17th October 1962. The first respondent Manickavasaka Reddiar filed a suit against the said K.M. Krishnan in O. S. 92 of 1962 and obtained a decree on 13th March 1963. In execution of the decree, in E. P. No. 160 of 1963 the petition mentioned property was attached on 16th July 1963. The appellant filed a claim petition under Order 21 R. 58 Civil Procedure Code on the ground that she purchased the property on 17th October, 1962 and prayed for raising of the attachment. That petition was dismissed. The appellant did not take up the matter by filing a suit under Order 21 Rule 63 C. P. C.

(2.) The respondents questioned the maintainability of the present petition on the ground that the petitioner's purchase was prior to the attachment and that as she had failed to file a suit to set aside the adverse claim older, she cannot claim to be a person whose interest is affected by the sale and as such this petition under O. 21 R. 99 cannot be maintained.

(3.) The lower court upheld the claim of the respondents and dismissed the petition and hence this appeal.