JUDGMENT : - This is an appeal by one Thaherunnissa Begum, wife of Syed Jaffar Mohideen Sahib, the judgment-debtor, against the order of the Principal Subordinate Judge, Salem, dated 14-7-1950, in R.E.P. No.244 of 1949, in O.S. No.34 of 1944 overruling her objection to the sale of certain properties, claimed by her to have been granted on Saswatha patta to her by the judgment-debtor, in execution of the decree in O.S. No.34 of 1944 by the decree-holder, and directing the sale to proceed.

2. I have perused the entire records, and heard the learned counsel on both sides, and see no substance in this C.M.A.

3. The appellant herein had claimed the same properties as hers by virtue of a patta given to her by her husband, the judgment-debtor, and had urged that her husband, the judgment-debtor, had no longer any rights in them except to the rent reserved. But she had not pressed that claim petition with the consequence that it was dismissed. She did not file also any suit to set aside the dismissal of the claim petition within the one year allowed by law. The lower Court, relying on the decision in - Kandasami Mudaliar v. Sivagurunatha Mudaliar, AIR 1935 Mad 328 (A), was inclined