ALLADA ESWARAPPA Vs. M KRISHNA REDDY

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is directed against the judgment of Qamar Hasan, J., in C. M. S. A. No. 5 of 1957 modifying the decree of the Subordinate Judge, Kurnool, made in A. S. No. 105 of 1956. The learned Judge gave leave for filing this appeal.

(2.) The material facts lie in a short compass and may be stated as follows. The first respondent brought O. S. No. 172 of 1953 on the file of the Court of the District Munsif of Adoni for recovery of Rs. 1,000/- said to be due on a promissory note impleading the executant of the promissory note and his son as defendants 1 and 2 respectively. Pend-ing the suit, he filed I. A. No. 419 of 1953 for attachment before judgment of five items of immovable property. The second defendant put forward a claim to items 1, 2 and 5 as his separate properties said to have been got under a will of his paternal grandfather, while no objection was taken by him in regard to attachment of items 3 and 4.

(3.) The District Munsif raised the interim attachment in regard to items 1, 2 and 5 accepting the claim.