N. VENKATASWAMY Vs. V. KESAVACHARLU AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the judgment of the learned District Judge, Anantapur, in A.S. No. 26 of 1962 on his file. That appeal was filed against the order of the Subordinate Judge, Anantapur, in E.A. No. 310 of 1961 in E.P. No. 15 of 1960 in O.S. No. 14 of 1958.

(2.) The short facts are as follows : The Revision petitioner Venkataswami, purchased a plot of land along with an engine and pumpset, and a sale certificate was also issued to him. But when he went to take delivery of the property, (the engine and the pumpset) were not there and he was obliged to take delivery only of the land without them. Subsequently he found the pumpset and the oil engine in the land of one C. Lakshmanarao, who claimed to have hired it from the judgment - debtor, Kesavan. When the petitioner tried to take possession of the engine and the pump-set, he was obstructed by the 2nd respondent Kesavacharlu. Hence this petition is filed under Order 21, rule 98, Civil Procedure Code, for possession of the engine and the pumpset after removing the obstruction caused by the 2nd respondent, who, it is stated, is a close relation of the judgment-debtor.

(3.) The petition was opposed on several grounds inter alia that the petition is not maintainable, that the engine and pump-set were not attached to the land sold to the petitioner, and that he is not entitled to the engine and the pump-set. The Subordinate Judge rejected those contentions and ordered the petition.