VEMAKRISHNA MAURTHY Vs. THANUBUDDI PEDA SIVA REDDY

JUDGEMENT

(1.) The only point arising in this appeal is whether the execution petition filed by the appellant herein is maintainable or not. A few facts which are necessary to appreciate this contention may be stated as follows: - The appellants' father filed a suit O.S. No. 28 of 1943 on the file .of the District Munsif Court, Guntur, on the basis of a katha, opened by D-l to D-5 and the predecessor in title of D-6 to D-9. He obtained a decree for Rs. 1,338-22 paise on 21st April, 1943. After the death of the original plaintiffs, the present appellants and the respondent No. 10 were added as his legal representatives. They filed E.P. No. 542 of 1955 for recovery of Rs. 2,600-28 paise plus execution costs. They prayed for attachment and sale of the property of the 1st defendant situated in the village called Peddipalem and also of the property of one Are Kotireddy at a place called Agatavarappadu which was in the hands of D-6 to D-9. After attachment, the properties in Agatavarappadu were sold in Court-auction for Rs. 2,600 and the decree-holder himself purchased the properties. The 1st defendant's properties were not sold on account of want of bidders. There were two applications in execution, E.As. Nos. 1240 of 1956 and 1175 of 1956 under Order 21, rule 58, claiming the attached property as theirs and not that of the judgment-debtors. Both the applications were dismissed on 11th June, 1957 prior to the date of the confirmation of sale. The sale was confirmed on 12th Tune, 1957 and the decree holder was allowed to set-off for the sum of Rs. 2,600. As the judement-debtor paid Rs. 161 which was the balance payable by him, full satisfaction was also entered under the decree on 26th July, 1957.

(2.) The defeated claimants in the claim petitions referred to supra filed O.S. No. 435 of 1957 on the file of the District Munsif Court, Guntur, to set aside the claim order. The suit was decreed in their favour in entirety on 23rd March, 1959. There was an appeal against that decision in A.S. No. 101 of 1959 before the Sub-Court, Guntur. The appellate Court allowed the appeal in part and held that the claimants were entitled to only a half share in that property and the remaining half belong to the judgment-debtors. A. C. R. P, No, 1979 of 1960 preferred against that decision was dismissed on 2nd November, 1962.

(3.) Thereafter, the decree-holder-auction purchaser lost the possession of half of the property purchased by him in Court-auction.