GITABAI KANHAIYALAL Vs. DAULATRAO KRISHNARAO

JUDGEMENT

(1.) THESE two appeals arise out of execution proceedings under the following circumstances:

(2.) ONE Daulatrao obtained a money decree on 31-10-47 against Pandurang. He had during the pendency of that suit obtained an order for attachment before judgment against Pandurang and in execution of that order got the houses alleged to belong to Pandurang attached including the house in question on 17-6-1947. After the decree was passed Daulatrao filed execution petition No. 29 of 1957 and got the house in dispute sold in Court auction and purchased it himself on 24-11959. He later obtained sale-certificate in respect of the said house on 9-5-1959. He then sought possession of the said house. This was resisted by the appellants Dhulibai, Gitabai. Gulabbai, Kisan and others on the ground that they had lawfully purchased the house from the judgment-debtor subsequent to the date of attachment before judgment. The decree-holder Daulatrao thereupon submitted an application to the executing Court under Order 21 Rule 95 C. P. C. contending that as the alleged sale was subsequent to the date of attachment it was void as against the claim enforceable under the said attachment. The application of the decree-holder was allowed after giving a hearing to the prior purchasers and a warrant for delivery of possession was issued as against the claimants and their tenants. Dhulibai preferred appeal No. 140 ot 1959 and Gitabai, Gulabbai and kisan preferred appeal No. 135 of 1959 against this order,

(3.) THESE appeals are heard together as they arose out of same" order, related to the same house title whereof is claimed by both the sets of the appellants under the same transaction of sale which was effected by judgment-debtor subsequent to the date of attachment before judgment.