A C THIRUGNANAMURTHY Vs. V JAMUNA BAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises against the fair and decretal order dated 25-1-1984 passed in I. A. No. 20281 of 1983 in I. A. No. 19796 of 1983 in O.S. No.8191 of 1982 by the Eleventh Additional Judge of the City Civil Court, Madras, under the following circumstances.

(2.) The appellant Thirugnanamurthi is a third party claimant before the trial court. The 1st respondent Jamunabai filed the suit for recovery of certain amounts against the 2nd respondent P.V. Narayanan alias P.V. Narayana Nair. Jamuna Bai also filed Application No. 20810 of 1982 for attachment before judgment of the car TMZ 714 on the ground that it belonged to the defendant. On 14-12-1982, defendant gave an undertaking that he will not alienate the car. Later on the 1st respondent-plaintiff, on information that the 2nd respondent-defendant is going to alienate the car filed I. A. No. 10445 of 1983 on 21-6-1983 and a conditional order on 4-8-83 was passed directing the 2nd respondent-defendant to furnish security for a sum of Rs. 12,000/- and produce the car on or before 30-8-1983 failing which the conditional order will be made absolute. Since the 2nd respondent has not fulfilled the condition, the conditional order of attachment was made absolute on 31-8-1983. An attempt was made to attach the car in pursuance of the order dated 31-8-83. The car was found in front of the premises of the one Babu and the car could not be moved since the door was found locked. The 1st respondent-plaintiff filed I. A. Nos. 17325 and 17326 of 1983 to take possession of the car with police-aid. The applications Nos. 17325 and 17326 of 1983 were ordered. However, the Bailiff found that the car was not available in front of the premises of the said Babu. The 1st respondent came to know that the broker Babu, in collusion with the 2nd respondent, transferred the same in his own name. On that ground, the 1st respondent submitted her objection to the Transferring Authority not to effect any transfer in respect of the car. However, the Authorities transferred the car in the name of Babu, and later on, the appellant-claimant has purchased the car from Babu on 28-9-1983. Meanwhile, the 1st respondent filed I. A. No. 19796 of 1983 on 27-10-83 under Order XXXV III Rule 5 read with Section 151 of the Code of Civil Procedure for attachment of the car and attachment was ordered on 7-11-83 for attaching the car by 14-11-83. Under those circumstances, the appellant filed the claim application No. 20281 of 1983 on 12-11-1983 to raise the attachment.

(3.) According to the appellant-claimant, he purchased the car from one Babu, and produced a receipt dated 26-9-1983 (marked as Ex. A. 1), which shows that the claimant has paid an advance of Rs. 1,000/- on 26-9-1983. It also shows that the claimant agreed to pay the balance of Rs. 34,000/- on or before 28-9-1983 for purchasing the car. Ex. A. 2 is the Registration certificate of the car. It contains endorsement to the effect that the car has been transferred in the name of the appellant on 11-10-1983. It also contains endorsement of transfer is favour of Babu under date 25-6-1983.