Chandrasekhara Menon, J.

1. The respondent sued for Rs. 12,800 as compensation for loss caused by, undisclosed attachment before judgment and subsequent court sale for a decree debt of a property, purchased by the respondent plaintiff from the defendant. The property comprised 12 cents of land and a building. It belonged to the defendant and was situated in Survey Nos. 53/1, 2 and 3 in Fort. Cochin. The sale price as per the sale deed which is dated 31st May 1964 was Rs. 17,000. The plaint proceeded on the basis that the defendant represented to the plaintiff company and assured it before the execution of the sale deed that the property was not subject to any encumbrance or charge except for a mortgage debt which ripened into a mortgage decree in O.S. No. 79 of 1961 in favour of the Chaldean Syrian Bank, Trichur, on the basis of a mortgage deed of 1957. The amount for the payment of that decree debt was Rs. 11,342 at the time of the sale. This amount out of the sale consideration was reserved with the plaintiff and the balance amount of Rs. 5,658 alone had been paid in cash.

2. In the document of sale the defendant had undertaken to indemnify the plaintiff company if it suffe