Judgment

Shah, J.-G. H. Muhammad Yousuff Sait-hereinafter called "Sait"- was the owner of a house at Ootacamand. M. Marathachalam Pillai- hereinafter called Pillai -obtained a money decree against Sait and attached the house belonging to Sait in execution of the decree on August 7,1956. The house was then put up for sale and was purchased by Pillai with the leave of the Court on February 7, 1958. In obtaining possession of the house Pillai was obstructed by Padmavathi (respondent in this appeal) who claimed that she had purchased it for Rs. 15,000/- under a private sale from Sait on October 9, 1956. The executing court ordered in a summary enquiry that the obstruction raised by Padmavathi be removed. Padmavathi then filed a suit in the Civil Court for setting aside the summary order. The Trial Court dismissed the suit against Pillai holding that the house had been properly attached and the sale being contrary to the attachment levied by Pillai was void against all claims thereunder. ln appeal the High Court of Madras held that the attachment was not made according to law, since the requirements of Order 21, Rule 54, Code of Civil Procedure had not been complied with. The High Cour