SANTAKUMARI Vs. LAKSHMI AMMA JANAKI AMMA D

JUDGEMENT

(1.) This Appeal is against a Judgment dated 7th August, 1987 in Second Appeal No. 313 of 1981.

(2.) Briefly stated the facts are as follows: In 1939 the suit property came to the share of one Krishnan Nair by virtue of a partition in his family. As the family of Krishnan Nair had been conducting several chit funds a number of debts had been incurred in that business, several suits had been instituted and several decrees had been passed against the said Krishnan Nair. Krishnan Nair, therefore, executed a Sale Deed in 1940 selling the land to his brother-in-law, one Parameswaran Nair. One of the decree holders got this property attached in execution of his decree. Parmeswaran Nair filed objection claiming to be owner of the property by virtue of Sale Deed executed in his favour. The Executing Court held that the Sale Deed was sham and bogus and that the same was a benami transaction. The Executing Court held that the property continued to remain vested in Krishnan Nair. The property was thus sold in execution. Thereafter, Krishnan Nair filed a petition to set aside the sale. That petition was dismissed. However, Krishnan Nair was allowed to get back the property, provided he deposited the decretal amount, interest and commission.

(3.) In order to raise money to so deposit Krishnan Nair then executed a Sale Deed in favour of one Kesavan Channar for Rs. 1,200/-. The Sale Deed provided that Krishnan Nair was to receive a consideration of Rs. 1,200/- and the purchaser was to pay off the creditors. This Sale Deed was registered and Kesavan Channar was put in possession of the land. On the same day and simultaneously with the execution of this Sale Deed another Agreement was executed by Kesavan Channar in favour of Kochu Kunja Nair. That agreement was also registered simultaneously and immediately after the abovementioned Sale Deed. This agreement provided that Kesavan Channar would sell the suit property to Kochu Kunja Nair for a sum of Rs. 1,400/- after a period of 10 years, but before 11 years were over. It must immediately be mentioned that the said Kochu Kunja Nair was a relative of Krishnan Nair. For the sake of convenience hereinafter the Sale Deed in favour of Kesavan Channar will referred to as Exhibit A-5 and the Agreement to sell in favour of Kochu Kunja Nair will be referred to as Exhibit A-6.