SEETHALAKSHMI Vs. T SRIDHAR

JUDGEMENT

(1.) THIS appeal is against the order passed by the Sub Judge, Salem dated 24.2.1989 in E.A. No. 999/1988 in E.P. No. 225/1986 in O.S. No. 1049/1978.

(2.) THE petitioners in their petition contend as follows: THE first respondent has attached the property in the Execution Petition and has brought it for sale alleging that the property is owned by the second respondent. But, the same was purchased by the father of the second respondent and petitioners 2 to 5 and the husband of the first petitioner late S.A. Ramasami. On his death, all the petitioners and the second respondent are entitled to 1/7th share each as per the Hindu Succession Act. THE attachment of the entire property including the 6/7th share of the petitioners, is therefore, not proper and hence the petition to raise the attachment in respect of 6/7th share in the petition-mentioned property.

(3.) THE Additional Sub Judge, Salem who held an enquiry on this petition, has held that the petitioners have not established their title to the suit property and they have come belatedly, and dismissed the petition. Against the said order, the petitioners have come forward with this appeal.