R MANONMANI Vs. DIVISIONAL DEVELOPMENT OFFICER

JUDGEMENT

(1.) THE appellant challenges the decree and judgment dated 16. 12. 1997 made in c. M. A. No. 6 of 1997, on the file of the learned Subordinate Judge, Pattukottai, reversing the judgment and decree of the learned District Munsif, Pattukottai, dated 16. 04. 1997 made in E. A. No. 285 of 1995 in E. A. No. 68 of 1995 in E. P. No. 49 of 1991 in R. C. No. 3030 of 1978.

(2.) THE respondent is the decree holder in R. C. No. 3030 of 1978, on the file of the Divisional Development Officer, Pattukottai. One Mr. Janakiraman and mr. Ramasamy who are the sons of one Periyathambi Thevar are the judgment debtors. The respondent had filed E. A. No. 68 of 1995, for execution of the said decree. In the said execution proceedings, certain properties belonging to the judgments debtors were brought for sale by the learned District Munsif, pattukottai. The property which is the subject matter of this appeal, namely 78 cents comprised in R. S. No. 218/6 at Sengamangalam Village was also one of the properties attached and brought for sale. In the Court auction, on due permission, the respondent participated and became the successful bidder. Appropriate sale certificate was also issued by the Court. During the said execution proceedings, when delivery was ordered and the Court Amin attempted to deliver the property to the auction purchaser, the appellant herein gave one obstruction, stating that she is the absolute owner of the property and therefore, the property should not be delivered. So, the Amin did not effect delivery of possession. Subsequently, the respondent herein filed an application for removal of obstruction in E. A. No. 285 of 1995 in E. A. No. 68 of 1995. The appellant filed a detailed objection for the same.

(3.) DURING enquiry, on the side of the respondent, two witnesses were examined as P. Ws 1 and 2 and one document was marked as Ex. A. 1. On the side of the appellant herein, her husband was examined as R. W. 1 and five documents were marked as Exs. B. 1 to B. 5. Having considered all the materials, the learned district Munsif, Pattukottai, by order dated 16. 04. 1997 dismissed the said application of the decree-holder and refused to remove the obstruction.