SARASWATHI AMMAL Vs. MANICKAVASAKA REDDIAR

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 Order 21, Rule 90, Code of Civil Procedure for setting aside a sale held on 21 -12 -1964 on the ground that it is vitiated by material irregularity and fraud, is the appellant before us.

(2.) 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 17 - 10 -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 13 -3 -1963. In execution of the decree, in E. P. No. 160 of 1963 the petition mentioned property was attached on 16 -7 -1963. The appellant filed a claim petition under Order 21, Rule 58, Civil Procedure Code on the ground that she purchased the property on 17 -10 -62 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, Code of Civil Procedure.

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