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1988 Supreme(Mad) 476

NATARAJAN
Ala Melu Ammal – Appellant
Versus
Chinnaswamy Reddiar – Respondent


Advocates Appeared:Chitra Sampath, T.R. Rajagopalan, R.S. Venkatachari, Advocates.

Judgment :-

This appeal is filed by the decree-holder against the judgment of the learned Subordinate Judge, Cuddalore, reversing the judgment and decree passed by the District Munsif, Cuddalore.

2. The facts, which are necessary for the disposal of this appeal, can briefly be stated as follows : - The appellant herein obtained a money decree against one Haribabu on the basis of a promissory note dt. 9-2-1976 for Rs. 6000/-. She filed the suit on 6-7-1978 and attached the properties, which are the subject-matter of this appeal by way of attachment before judgment on 12-9-1978. Thereafter, she got a decree on 19-11-1979, and proceeded against the properties for realising the decree amount by way of execution. At that stage, the respondent herein, who is the claimant, filed a claim petition under O.21, R.58, C.P.C. to raise the attachment contending that he purchased the property from the judgment-debtor on 11-6-1978 for Rs. 10,000 long prior to the date of attachment and as such the attachment is to be raised. The said application was resisted by the appellant herein, who is the respondent before the executing court, contending that at the time of the alleged purchase, moratorium was











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