SIVAGANGAI AMMAL Vs. JAGADAMBAL

JUDGEMENT

(1.) THIS appeal arises out of execution proceedings, wherein the appellant prayed the court that her property which was purchased free of charge for the maintenance decree should not be brought to sale by the decreeholder in O. S. 334 of 1947 on the file of the District Munsif, Cuddalore. The courts below have held that though the appellant purchased the property on the previous occasion in the execution of the maintenance decree, still the property is not free from the charge, and dismissed her application. It is against the orders of the courts below, she has filed the present appeal.

(2.) IN this appeal the same question arises for consideration viz, whether the property is free from charge.

(3.) IT is not disputed that the property in dispute has been subject to a charge under a maintenance decree obtained by the respondent against one Rajagopal pandithan and others in O. S. 334 of 1947.