JUDGMENT

A final decree for partition is under execution. The appellant-third party filed claim petition under Order XXI Rule 58 of the Code of Civil Procedure claiming title over the property. The claim was partly allowed declaring 1/4th share of the appellant over the property. The appeal preferred by the claimant was dismissed against which the second appeal. The application though one filed under Order XXI Rule 58 and styled as 'claim', the courts below have rightly considered it as an application under Order XXI Rule 97.

2. An extent of 56 cents of property originally belonged to one Kanthaswamy Kounder. He died in the year 1992. He had four children - Pazhaniswamy (first defendant), Subbalakshmy (second defendant), Velathal (third defendant) and Mariyammal (plaintiff). As per Ext.A1 sale deed dated 17.04.1995, Pazhaniswamy purported to sell the :- 2 :-

entire property in favour of one Sivan claiming to be the sole legal heir of Kanthaswamy Kounder. As per Ext.A2 sale deed dated 08.11.1995, Sivan conveyed the property to one Anu Tony, who in turn conveyed the property to the claimant as per Ext.A3 sale deed dated 05.07.2000.

3. In the year 2002, Mariyammal filed the suit for par