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1995 Supreme(Mad) 844

S.S.SUBRAMANI
M. P. P. Jayagandhi Nadar and Company by partner, M. P. P. Jayagandhi Nadar – Appellant
Versus
Arunachalam Pillai and Another – Respondent


Advocates:
D.Krishnan, for Appellant. T.R.Rajaraman, for Respondents.

Judgment :

This second appeal is by the decree-holder in O.S. No.435 of 1979, on the file of the District Munsif s Court, Tiruvannamalai.

2. A decree was passed against the second respondent herein on 8. 1979. Execution petition was filed on 12. 1980. The property, which is the subject-matter of the suit, was attached on 212. 1980. At that time, the present Execution Application No.621 of 1981 was filed by the first respondent herein that the property is not liable to be attached, he having purchased the same as per sale deed dated 13. 1991. According to him, the second respondent, who is none other than his own son, has no right over the property purchased by him on 13. 1961, the same being his self-acquisition. He also contended that he purchased the property for a sum of Rs.4,000 and that he is in enjoyment of the same as absolute owner. Ex.A-1 is the sale deed. Ex.A-2 is the house-tax demand notice. Exs.A-3 and A-4 are house-tax receipts. Ex.A-5 is the electricity bill and Ex.A-6 is a bank receipt.

3. The decree-holder, i.e., the appellant herein contended that the property is not the self-acquisition of the first respondent herein, and that the defendant in the suit, who is t

















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