Sankarasubban, J.

This appeal is preferred by the petitioner in E.A. No. 814 of 1997 in E.P. No. 447 of 1997 in O.S. No. 305 of 1994 of the Sub Court, Thrissur. The appellant filed the claim petition under order 21 Rule 58 of the Code of Civil Procedure. According to the appellant, 1 cent of land in Sy. No. 1258/2 of Thrissur Village and the shop room thereon belong to the appellant. The appellant purchased the said property situated in Thrissur town and described in B schedule to the claim petition, E.A. No. 814 of 1997, as per sale deed No. 4653 of 1994 of Thrissur Sub Registry Office from one Rafi. The said Rafi had purchased the property as per sale deed No. 1688/1994 from one Beena, the second respondent in the appeal.

2. On 26.6.1997, the petitioner came to know that two cents of land and the shop rooms of which the appellant's land and the shop room form part, had been attached in the suit, O.S. No. 305 of 1994 on 11.3.1994. Ext. A2 sale deed was executed in favour of Rafi on 4.3.1994 and the said sale deed was registered on 11.3.1994. When Rafi took the sale deed, the suit had not been filed. The appellant also took Ext. A1 sale deed without knowledge of the attac