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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
THIRUNILATH AYISHABI – Appellant
Versus
PALLIYALIL SANKARA NARAYANAN – Respondent
| Table of Content |
|---|
| 1. appeal from claim petition under order 21 rule 58 cpc against attachment. (Para 1 , 2) |
| 2. rival arguments on perversity, fraud under section 53 tpa, and precedents. (Para 3 , 4 , 5) |
| 3. no plea or evidence for section 53 tpa; no saleable interest at attachment. (Para 6 , 7 , 8 , 9) |
| 4. court requires evidence, not conjectures; lis pendens inapplicable. (Para 10 , 11 , 12) |
| 5. appeal allowed; attachment lifted; sale set aside. (Para 13 , 14) |
JUDGMENT
This appeal arises out of the concurrent findings rendered by the courts below in a claim petition under Order 21 Rule 58 of the Code of Civil Procedure, 1908 (CPC).
2. The brief facts necessary for the disposal of the appeal are as follows:
The appellant/claim petitioner purchased the property by Document No.224/1999 of S.R.O., Kodakkal. O.S.No.322/1998 was instituted for specific performance of a sale of an auto rickshaw. The suit was decreed granting an alternate relief for the return of the advance money. E.P.No.204/2005 was instituted for recovering of an amount of Rs.31,000/- from the 2nd respondent herein. While pending the execution petition, the property was attached by the decree holder. Immediately thereafter, findin
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