VEERA PANNADI Vs. KARUPPA PANNADI

JUDGEMENT

(1.) The appellant (plaintiff) obtained a money-decree dated the 3 December 1901 in Suit No, 83 of 1901, against respondents (defendants Nos. 1 to 4) and attached certain land as the property of the judgment-debtors. A claim of the 5th respondent (5 defendant) having been allowed, the appellant brought this suit stating the cause of action to be the order made in favour of the 8 respondent, and praying that the order might be declared void and his attachment of the land confirmed. The plaint also refers to a mortgage for Rs. 1,033, as well as to various other litigations and transactions between the patties, and suggests, rather than actually prays, that he might in the alternative be declared to have a charge upon the land for that sum, and the District Munsif settled an issue No. 7, on this point.

(2.) In his judgment the District Munsif. entered into an elaborate consideration of the equities of the case, and declared the 5 respondent and the appellant to be entitled to certain liens upon the land, and also that appellant's attachment should hold good, and thus gave relief in respect of both the causes of action assumed to be included in the plaint.

(3.) Upon appeal the Subordinate Judge treated the suit as one under Section 283 of Civil Procedure Code merely, and holding that the judgment-debtors had no title to the attached property, reversed this decree and dismissed the suit.