GOVINDA PADAYACHI Vs. KANNAMMAL

JUDGEMENT

(1.) THESE two second appeals arise out of the common judgment of the learned District Judge of South Arcot dismissing two appeals preferred against the order of the learned District Munsif of Vridhachalam dismissing in turn the two -claim, applications M. Ps. Nos. 655 of 1951 and 668 of 1951.

(2.) THE decree -holders, respondents, in these two appeals had obtained a decree in O. S. No. 14 of 1937 on the file of the District Munsifs Court of Vridhachalam, South Arcot, for specific amounts by way of maintenance in their favour. These amounts were also made a charge over the properties set out in the schedule to the decree. The decree also was against the assets of the first defendant in the hand of the other defendants. Subsequent to the decree the charged properties appear to nave been sold away by the heirs of the first defendant.

(3.) IT must be stated that towards the decree obtained by the respondents, the judgment -debtors had paid some amounts in instalments. The decree itself was for payment of Rs. 10 per mensem by way of maintenance for the wife and Rs. 5 for children. When the claim petitions were being investigated in E. P. No. 215 of 1950 by the learned District Munsif the records disclosed that the sale deeds in favour of the respondents -vendee had come into existence after attachment had been effected on a prior execution petition, viz., E. P. No. 279 of 1944. That attachment was on the 14th September, 1944; that is, some days prior to the sale deeds in favour of the respondents.