GANGAMA NAIK Vs. NLVRVEERAPPA CHETTI

JUDGEMENT

(1.) (S.A. No. 1657 of 1927.) Defendant 1 is the appellant. This second appeal arises out of a suit to establish his title instituted by a defeated claimant in execution proceedings.

(2.) The plaintiff obtained an ex parte decree against one Ramakrishna Naicken in O.S. No. 34 of 1915 on the file of the Periakulam Munsif's Court in respect of a promissory note dated 15 October 1912 for Rs. 600. In execution of the decree the plaint properties were attached on 16 August 1915 and sold in Court auction and were purchased by the plaintiff on 31 August 1917. When ha tried to take possession of the properties, he was obstructed by the defendants and hence the present suit wag filed by him to establish his title.

(3.) The judgment-debtor, Ramakrishna Naicken, had various dealings with different persons. He had executed a mortgage on 18 August 1909 for Rs. 5,000 in favour of defendant 1's wife Subbammal. In 1914 various decrees were obtained against him and he was put in jail. At that time defendants 1 and 5 agreed to help him to discharge his debts and in consequence, by June 1915 almost all his debts were discharged. In re-compensa for his services Ramakrishna Naicken executed a sale deed of all his properties in favour of defendant 1 on 14th December 1914 (see Ex. l). Defendant 1 resists the plaintiff's suit on the strength of this document. Generally stated, the other defendants derive their right to the properties from defendant 1.