Rajamannar, C.J.-This appeal arises out of a suit filed by the appellant for the recovery of a sum of Rs. 10,300 from the defendant as damages for unlawful attachment of her properties. The material facts which are beyond controversy are: The defendant obtained a decree against one Peruri Suryaprakasam on 9th May, 1934, in C.S. No. 166 of 1934 on the Original Side of this Court. On nth January, 1935 the suit properties among others were transferred by the said Suryaprakasam to one P. Venkatasubba Rao. The defendant in execution of the decree obtained by him attached the suit properties. Venkatasubba Rao filed a petition under Order 21, rule 58 of the Code of Civil Procedure claiming the properties on the strength of his purchase. The petition was allowed in his favour. As against this order the defendant filed a suit, O.S. No. 171 of 1940, in the Subordinate Judge’s Court of Chingleput. Meanwhile, on the 15th January, 1940, there was an agreement to sell the suit properties by Venkatasubba Rao in favour of one Murugesa Mudaliar. This was one day prior to the order of precept issued by this Court in the execution application filed by the defendant. The actual attachment was made on

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