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1934 Supreme(Mad) 154

WALSH
Suppan Asari – Appellant
Versus
Alima Bibi – Respondent


JUDGMENT

Walsh, J.

1. The plaintiff is the appellant in this second appeal. The suit was to set aside an order dismissing a claim petition. The defendants were the decree-holders. They obtained a decree in O.S. No. 204 of 1925 on the file of the District Munsifs Court of Coimbatore and attached the properties of the judgment-debtor Pachianna Pannadi. The plaintiff then preferred his claim under a sale deed Ex. A dated 13th May 1925 from Pachianna Pannadi. This sale was after the decree but about two months before the date of the attachment. The Court of first instance decreed the plaintiffs suit but its decree was reversed in the lower appellate Court which however gave the plaintiff a charge with regard to a certain mortgage Ex. C, which it held that he had discharged. Against this decree the present second appeal is filed.

2. The trial Court found that the land purchased comprised the whole property of the judgment-debtor. The purchase price was Rs. 3,500. It is not contended that this was an under estimate and in fact the decree-holders refused to take the land from plaintiff for Rs. 4,000 and transfer the decree to plaintiff. The consideration under Ex. A was stated to be made up
























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