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It is true that a third party can resist the delivery of possession in the execution proceedings whether at the stage of attachment or under Rule - 58 or delivery of possession by establishing independent title by filing applications under Rule-58 or 99, as the case may be, of Order-XXI CPC. Filing of independent suits is also prohibited in matters of this nature. A slightly different approach becomes necessary where the person in possession of the property claims the right under a separate agreement of sale. The agreement of sale by itself does not confer title upon such person. However, he would not have a right to take the plea under Section 53-A of the TP Act, whenever steps are initiated for recovery of possession against him, either by the original owner or any person claiming through him. It becomes highly doubtful whether the adjudication on the touchstone of Section 53-A of the TP Act can be undertaken in an application filed under Rule - 97 or 99 of Order-XXI CPC. Though from the point of view of the decree holder, it may be the controversy pertaining to execution of the decree, it would be evident that from the point of view of a third party, his rights are to be adjudicated vis--vis the person who executed the agreement of sale in his favour or anyone, claiming through him. The truth or otherwise of the agreement of sale needs to be examined. 10. Identity of the property is another question. Even before the suit for specific performance was filed, the appellant had initiated steps against the predecessor of the respondents. That, however, was not taken to the logical conclusion. In this scenario, the appellant could not have dispossessed the respondents. The lower appellate Court has taken the correct view of the matter and allowed the application.

Under Clause (i) of Section 60 CPC, the lands, houses or other buildings, goods, money, bank notes, cheques, bills of exchange, hundis, promissory notes, government securities, bonds or other securities for money, debts, shares in a corporation etc., belonging to the judgment debtor are liable for attachment. Sub-clause (i) of proviso to Section 60 CPC exempts from attachment, salary to the extent of Rs.1,000/- and two-thirds of the remainder in execution of a decree other than the decree for maintenance. This provision is subject to the proviso incorporated in the said sub-clause. Rule 48 of Order XXI CPC deals with attachment of salary or allowances of servants of the Government or Railway Company or local authority. Clause (1) of Rule 48 enables attachment of salary or allowances of a servant of the government or a servant of a railway company or of a local authority or of a servant of a corporation engaged in any trade or industry which is established by a Central, Provincial or State Act, and of a Government company as defined under Section 617 of the Companies Act, 1956, subject to the provisions of Section 60 CPC. Sub-clause (a) of Clause (1) of Rule 48 envisages that where such salary or allowances are to be disbursed within the local limits to which CPC for the time being extends, officer or other person whose duty is to disburse the same shall withhold and remit to the Court the amount due under the order or the monthly instalments, as the case may be.

Whether the condition imposed relating to the deposit of 1/4th of decretal amount and suit costs by the learned I Additional Civil Judge, Kakinada has to be confirmed, or to be disturbed or to be modified, in the facts and circumstances of the case while setting aside the exparte decree ?

ordered for reinstatement of the workmen with full back wages.- is the envelope through which Ex.W4 dated January 27, 2001 was dispatched and it bears the postal receipt issued by Ambattur Post Office at Chennai. It is evident from this postal receipt that the Post Office collected Rs.19/- for this registered letter and it was booked on 22.02.2001 at 13:42:34 Hours. The cover was weighing 20 gms and addressed to Vijayawada, Pin : 52001. It is baffling to note that a communication signed by the Managing Director of a company on 27.1.2001 took such a long time of more than three weeks to be put into transmission by the petitioner company. For the extraordinary litigative zeal exhibited all through by the petitioner company, thus denying the legitimate benefits to the two workmen for over a decade, I consider that it is only appropriate that this writ petition should be dismissed with costs of Rs.5,000/- payable to each of the two workmen. Fifteen days time is granted for depositing the costs with Registrar (Judicial), who upon such deposit being made by the petitioners would pass on the same to the workmen by transfer or by payment by way of crossed Demand Draft.