This appeal arises in execution proceedings and is from an order of the learned Subordinate Judge of Dindigul confirming the dismissal of an execution application by the learned District Munsiff of Palni. The facts leading up to this appeal are the following.

The decree-holder who is the appellant before this Court obtained a decree in O.S. No. 1417 of 1928 on the file of the District Munsiff’s Court, Udumalpet, for about Rs. 2,500 on the 30th July, 1929, against one Ayyathurai Mudaliar. The judgment-debtor died subsequent to this decree and an execution application E.P. No. 404 of 1931 was filed on the 16th July, 1931, for attachment and sale of an item of property, R.S. No. 1194/2 and two other items. No question arises in this appeal as regards the two other items and the only question is with reference to the relief prayed for in respect of item R.S. No. 1194/2. Attachment of the property was ordered and a claim was filed by two persons, namely, Sornammal and her husband one Muthusami Mudaliar, both of whom had been impleaded as the third and fourth defendants in the suit. Their claim was on the footing that the property was not liable to be proceeded against in execut