THATHI NAICKER Vs. THE CO-OPERATIVE SOCIETY, THROUGH ITS PRESIDENT, NALLAMA NAICKER AND ORS.

JUDGEMENT

(1.) THE plaintiff is the assignee -decree -holder in S.C. No. 80 of 1933, the decree in which was passed on 16th March, 1933. In execution of that decree the properties involved in this appeal were attached on 21st June, 1937 and were brought to sale on 4th January, 1944. The plaintiff decree -holder purchased the property himself and took delivery of the property on 3rd March, 1944. The properties originally belonged to the second defendant, judgment -debtor.

(2.) THE first defendant, Co -operative Society, obtained an award to recover a debt due from the second defendant and his wife. The award was dated 16th June, 1938. That had the force of a decree and in execution of that decree (award) the properties were brought to sale on 12th May, 1941; the first defendant society itself purchased the property. A sale certificate, however, appears to have been applied for only subsequent to the sale in execution of the decree in S.C. No. 80 of 1933. It was issued to the first defendant on nth March, 1944. By then, the plaintiff had obtained delivery of the properties. The first defendant applied for re -delivery of the properties in E.A. No. 194 of 1944 and it was allowed; delivery was effected on 9th July, 1944. Subsequent to that the first defendant sold the properties to the third defendant.

(3.) THESE contentions failed to find acceptance with the Courts below. The plaintiff comes up in second appeal.