JUDGMENT :- The plaintiff appellant instituted a suit for maintenance O. S. No. 479 of 1940 on the file of the District Munsifs Court of Arni, against her husband Bhashyam Aiyangar and obtained a decree on 21-3-1942. The grounds on which separate maintenance was granted were cruelty, neglect and abandonment by the husband and that he was also keeping a concubine. On 27th July 1943 Bhashyam Aiyangar sold the suit property which was charged with the maintenance decree. The sale was for the purposes of paying off the marriage expenses of Bhasham Aiyangars daughter who instituted a suit O. S. No. 481 of 1949 and obtained a decree, Bhashyam Aiyangar, in executing the sale in favour of the first defendant, did not disclose that the property was charged with a decree for maintenance in favour of his wife and the sale was free from any encumbrance. But there can be no doubt that the property was charged with the maintenance under the decree in O. S. No. 479 of 1940 and the property purchased by the first defendant must therefore be subject to the charge in favour of the plaintiff.

The plaintiff executed her decree by filing E. P. No. 660 of 1948 for attachment and sale in enforceme