D V NARASIMHA RAO Vs. P RAMAYYAMMA

JUDGEMENT

(1.) The petitioner is the plaintiff. He filed O.S. No.-226 of 1977 for the recovery of the suit claim and also an LA. under Order 38 Rule 5 CPC for-attachment before judgment on December, 29, 1977. On the same day attachment before judgment was ordered. The first and second defendants filed an application to raise the attachment. The trial Court raised the attachment. Thus this revision petition.

(2.) The first respondent contends that the 3rd respondent entered into an agreement of sale on February, 25, 1975 to sell the attached property to them for a valuable consideration Rs. 35,000/- and a sum of Rs. 20,000/- was paid under a demand draft drawn on the State Bank of India and the balance amount was paid by discharging the debts Of third respondent and cash payments from time to time and the time for execution of the sale-deed was extended upto March, 31, 1978. The first respondent purchased stamps for registration of the documents on December, 20, 1977 and two separate sale deeds were executed in favour of the respondents 1 and 2 on the same day and they were registered on January, 4 1978. Therefore the first respondent has title and interest to the property on the date when the attachment before judgment was made. The 3rd respondent is divested of her title. Accordingly the attachment does not bind the first respondent.

(3.) The petitioner has resisted the contentions stating that this is a fraudulent transaction brought into being to defeat his claims with a view to avoid the decree. The trial court had not accepted the contentions of the petitioner.