JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code, to set aside the fair and decreetal order, dated 23.08.2021 made in I.A.No.1 of 2021 in O.S.No.59 of 2020 on the file of the Fast Track Mahila Court, Dindigul and allow as prayed for.

1. This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dated 23.08.2021 in I.A.No.1 of 2021 in O.S.No.59 of 2020 passed by the learned Fast Track Mahila Judge, Dindigul.

2. The respondent/plaintiff has filed a petition in I.A.No.01 of 2021 under Order 38 Rule 5 of Civil Procedure Code for attachment before Judgment. The respondent/plaintiff has filed a suit in O.S.No.359 of 2020 on the file of the learned Fast Track Mahila Judge, Dindigul, for recovery of money on the basis of a sale receipt/Ex.P.1. The Court below has partly allowed the petition and ordered for attachment. Aggrieved by the same, this appellant is before this Court.

3. Heard on either side. Perused the material documents available on record.

4. The case of the respondent/plaintiff is that the petition mentioned properties are belonged to the respondent/defendant and his brothers and sisters. The appellant herein had approached the respondent herein/plaintiff with an intention to sell the 'A' schedule properties to him, by stating that it was allotted to his share at the time of partition, for that both the petitioner and the respondent has fixed the sale amount of the said 'A' schedule properties at Rs.40,90,350/- and the appellant had received a sum of Rs.35 lakhs as advance amount of sale from the respondent herein, that the appellant had also agreed to execute sale deed in favour of the respondent herein within one month and also executed a Sale Advance Receipt on 10.08.2019 in favour of the respondent herein/plaintiff. The appellant herein had sold the petition mentioned 'A' schedule properties to the third parties with an intention to cheat the respondent herein/plaintiff and he had acted upon as against the contents found in the Sale Advance Receipt. Hence, the respondent herein had filed a suit for recovery of sum of Rs.35 lakhs. Further, the petition mentioned 'B' schedule properties are situated nearby the 'A' schedule properties, that they are also belonged to the appellant, that now the appellant has been attempting to sell the same to the third parties, if do so, the respondent herein/plaintiff couldn't collect the decree amount from the appellant/defendant.

5. The appellant/respondent has filed counter and has stated that he never executed the alleged Sale Advance Receipt in favour of the respondent herein/plaintiff at any point of time as mentioned in the petition. The above said documents fraudulently created one and it is not sustainable in law. The appellant/defendant had not received any lawyer notice from the respondent herein/plaintiff. The appellant never received any advance amount from the respondent herein. The suit 'A' and 'B' schedule properties originally belonged to the father of the appellant herein, namely; one Nainar Mohammed by way of sale deeds dated 18.07.1990 and 31.08.1994 that they were in possession and enjoyment of his father and after his demise, his legal heirs, including the appellant/defendant effected partition in respect of the suit properties among them, that they sold the house sites to 8 persons each one as per the sale deed dated 19.07.2019. The respondent has approached the appellant, his mother, brothers and sisters and effected Sale Agreement Deed dated 10.07.2018 in respect of the suit properties. Later compromise was effected between both the parties and accordingly sale deed executed in favour of the respondent/plaintiff and 7 others as requested by the respondent/plaintiff. Thereafter, on 18.07.2019, the appellant herein had effected Sale Agreement Cancellation deed and Advance Receipt Cancellation deeds. There is no money transaction held in between the appellant and the respondent in respect of