C. Y. SOMAYAJULU, J.

( 1 ) AGGRIEVED by the decree in O. S. No. 211 of 1977 on the file of the Court of the I Additional Subordinate judge, Visakhapatnam the defendant in that suit preferred this appeal.

( 2 ) THE deceased first-respondent filed the aforesaid suit for a declaration that the attachment. and sale of the properties held in E. P. No. 399 of 1969 in O. S. No. 126 of 1968 on the file of the Court of the principal Subordinate Judge, Visakhapatnam is vitiated by fraud and hence is liable to be set aside. His case is that he is the owner of the house bearing Door Nos. 22- 31-18/1 to 13 with Municipal Assessment no. 5374 in T. S. No. 444-A in Block No. 5 of seetharamaswamy Temple Ward at visakhapatnam, situated in about 278 Sq. yards of site. The deceased first appellant who obtained a money decree for recovery of Rs. 9,540/- and interest in O. S. No. 126 of 1968 on the file of the Court of the principal Subordinate Judge, Visakhapatnam filed E. P. No. 399 of 1969, and got attached the said site of 278 Sq. yards and figured as the highest bidder for Rs. 11,100/- in the court sale held on 22-9-1971 and sought delivery of the said site with the building therein in E. A. No. 282

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