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1989 Supreme(Ker) 39

VARGHESE KALLIATH, PAREED PILLAY
GEORGE ANTONY – Appellant
Versus
KERALA STATE FINANCIAL CORPORATION – Respondent


Judgment :-

1. All these appeals arise from execution proceedings in E.P. No. 112/86 in O.S. No. 75/80. The Execution Court considered the applications filed by the appellants in E.A. No. 22, 23 and 24 of 1988 and passed a common order.

2. All the Execution Applications are against the attachment and sale of the property pursuant to the decree in O.S. No. 75/80 obtained by the 1st respondent-decree bolder No. 1. E. A. No. 23/88 is by the wife of the 1st judgment-debtor and E. A. Nos. 22 and 24 of 1988 are by the sons of the 1st judgment-debtor. They made the claim under 0.21 R.58. They contended that they are the owners of the property and they became the owners of the property by virtue of three sale deeds on the game day, namely, 14-6-1983. They purchased the property from the Ist judgment-debtor. The sale deeds are Exts. A1, A2 and A3. Enquiry under 21 R.58 requires a proper investigation as regards all questions relating to right, title or interest in the property attached arising between the parties in the proceedings or their representatives.

3. Construing this provision Balakrishna Menon, J. said in Ithakku Abraham v. Kesavan Damodaran (1987 (1) KLT 709) that R.58 of 0.21 as a




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