MUNIYAMMAL Vs. THYAGARAJA MUDALIAR AND ANOTHER

JUDGEMENT

(1.) THIS second appeal is preferred against the decree and judgment of the learned District Judge of North Accot in A. S. No. 183 of 1954, modifying the decree and judgment of the learned District Munsiff of Arni in O. S. No. 159 of 1953.

(2.) THE facts are: - Annamalai Mudaliar, the second defendant, had become indebted to his own sister Muniammal, the first defendant, on a promissory note dated 16 -8 -1949. The brother and sister have not been getting on well. On the foot of that promissory note the first defendant filed O. S. No. 262 of 1951 against the second defendant and obtained a decree on 20 -9 -1951. It was an instalment decree. The first instalment was payable on 15 -10 -1951. The first defendant was taking steps to attach the only property belonging to the judgment -debtor second defendant viz., a soda -water manufacturing shop run under the name and style of "Baby Soda Factory" in Arni Bazaar. There was obstruction by the judgment -debtor more than once. The attachment was duly effected on 8 -4 -1952. The plaintiff Thyagaraja Mudaliar who is a Javuli merchant of the locality and belonging to the same community as the defendants, came forward with a claim petition purporting to have purchased the Baby Soda Factory under a sale deed Ex. A -1 said to have been executed by the first (second?) defendant on 1 -10 -1951 and registered within a week thereafter.

(3.) THIS claim petition was dismissed by the learned District Munsif of Arni Mr. P. Paramasiva Mudaliar. Thereafter the plaintiff filed the suit out of which this second appeal arises for vacating the said claim order.