OUSEPH SAKARIA Vs. CHERIAN JOSEPH

JUDGEMENT

(1.) THE appellant in each of these three appeals against second appeals is a brother of the other appellants in the other appeals. The appeals arise out of three suits, in which the common plaintiff is the first respondent and the common first defendant now deceased, was the father of the appellants, each of whom being the second defendant in the respective suit. The suits were for setting aside claim orders and also for declaring three gift deeds, each in favour of each of the appellants, by their father as sham and nominal and were intended to defraud the creditors of the father. The trial court and the lower appellate court decreed the suits; and a learned Judge of this Court (Raman Nayar J. as he then was) confirmed the decree in second appeal. However, the learned Judge granted leave to appeal to a division Bench and hence these appeals, each by the second defendant in each suit

(2.) THE second appellate decision is reported as Sakaria v. Joseph, 1965 Ker LT 341 = (AIR 1965 Ker 288 ).

(3.) WE do not think it is necessary to state the facts in any detail. However, we shall just state the essential facts to bring out the questions to be decided by us.