ARUKKANI AMMAL Vs. M SUBRAMANIAM AND ANR

JUDGEMENT

(1.) This appeal has been preferred by the petitioner in E.A. No. 490 of 1985 in E.P. No. 49 of 1985 in O.S. No. 73 of 1983 in the file of subordinate Judge, Erode, The said E.A. No. 490 of 1985 was filed by the petitioner for raising attachment of his property made in E.P. No. 49 of 1985 in O.S. No. 73 of 1983. 2. The petitioner claimant's case is that Messrs K. Somasundaram and K. Chidambaram who had 1/3 undivided share each in the petition mentioned property released their interest by a registered deed dated 23.7.1979 in favour of the petitioner after receiving valuable consideration. They ceased to have any interest in the petition mentioned property from and after 23.7.1979. the petitioner alone is the absolute owner of the entire petition property. In respect of three more release deeds, dispute arose between the petitioner and the second respondent. With a view to cause loss to the petitioner the second respondent created some promissory notes in the name of the first respondent and obtained a collusive decree in O.S. No. 73 of 1983. In execution of the said collusive and fraudulent decree, the first respondent attached the petition property for selling it in E.P. No. 49 of 1985 as if the second respondent somasundaram had interest in the petition property. The petitioner was not aware of the attachment and the execution proceedings, till 20.7.1985. the release deed executed by Chidambaram was challenged in I.P. No. 46 of 1979 and it was dismissed. Since the property cannot be attached the petitioner filed the petition for filling the attachment.