JUDGMENT :

ARUN MISHRA, J.

1. Leave granted.

2. The appeal has been preferred by the defendant. Backdrop facts indicate that one Thopamma wife of Siddagirigowda filed suit O.S. No.245/1968 against her husband in the Court of Munsiff, Doddaballapur for grant of maintenance allowance at the rate of Rs.300 per month and for creating a charge on 13 properties mentioned in the plaint schedule. The suit was filed on 17.1.1968. During the pendency of the said suit said Siddagirigowda husband of Thopamma executed a sale deed for a sum of Rs.10,000/ in respect of survey No.11 admeasuring 5 acres 18 guntas and survey No.68/1 admeasuring 18 guntas, item Nos. 10 and 13 in the aforesaid suit in favour of N.K.Giriraja Shetty, father of respondent No.1. On 6.2.1975, a declaration of handing over possession was executed by Siddagirigowda in favour of purchaser regarding delivery of possession of the properties.

3. The suit filed by Thopamma i.e. O.S. No.245 of 1968 was decreed on 24.6.1976 that is by granting a maintenance allowance of Rs.100/per month recoverable from her husband from the date of filing of the plaint till realisation and charge were created on the suit schedule properties including t