1. This appeal is by the plaintiff whose suit under Order XXI R.63 CPC. has been dismissed by the Court below. The suit property belonged to the 3rd defendant in kanam right as per the kanam deed, Ext. Al, dated March 23,1942 in her sole name. In November 1955 it was attached by the 1st defendant in execution of the decree he obtained against the 2nd defendant who is the husband of the 3rd defendant. On January 12,1956, the 3rd defendant objected to the attachment denying the 2nd defendant any interest in the property; but it was dismissed by the execution Court on November 22,1956. In the meanwhile on March 14,1956, she had assigned the property to K. P. Ananthan Adiyodi, who, in his turn, assigned to the plaintiff on November 9,1956. The plaintiff did not intervene in the claim proceedings, but on March 15, 1957, instituted the present suit to establish her title to the property and to restrain the proceedings against it. The 1st defendant resisted the suit assarting the 2nd defendant to have acquired the property benami in the name of the 3rd defendant and denying the plaintiff's right to institute this suit. The Munsif, Kozhikode II decreed the suit, but on appeal t