This Second Appeal by the first defendant is directed against the Judgment and Decree of the learned Subordinate Judge of Tanjore in A.S. No. 116 of 1957 which confirmed the decree of the trial Court. The suit out of which the Second Appeal arises was instituted by the first respondent for a declaration that the suit property belonged to her and that it was not liable to be attached in execution of the decree in Small Cause Suit No. 934 of 1952 which the appellant had obtained against the second respondent. She claimed that she had purchased the suit property from the second respondent under a sale-deed, dated 23rd September 1955. On 17th October, 1955, in E.P. No. 392 of 1955, the appellant attached the suit property and the first respondent’s claim in E.A. No. 708 of 1955 on the strength of the sale-deed in her favour was rejected by the trial Court. It is that order which the first respondent sought to set aside in the suit.

The appellant’s case was that the sale aforesaid executed in favour of the first respondent was fraudulent and was voidable under section 53 of the Transfer of Property Act, that it was executed during the enquiry for arrest in E.P. No. 244 of 1955