M R ARUMUGHAM Vs. VELAMMAL

JUDGEMENT

(1.) C.R.P.No.381 of 1986 arises out of the order passed in C.M.A.No.51 of 1985, which in turn arose out of the order passed in I.P.No.26 of 1982. C.R.P.No.382 of 1986 arises out of the order passed in C.M.A.No.19 of 1985, which in turn arose out of the order passed in I.P.No.25 of 1982. The petitioner herein is the respondent in I.P.No.25 of 1982. C.R.P.No.2306 of 1986 arises out of the order passed in C.M.A.No.19 of 1985 which in turn arose out of the order passed in I.P.No.25 of 1988. Respondents 3 to 5 in I.P.No.25 of 1982, are the petitioners herein. C.R.P.No.2307 of 1986 arises out of the order passed in C.M.A.No.51 of 1985, which in turn arose out of the order passed in I.P.No.26 of 1982. Respondents 3 to 5 in I.P.No.26 of 1982 are the petitioners herein.

(2.) I.P.No.25 of 1982 was filed by one Saraswathi Ammal and I.P.No.26 of 1982 was filed by one Velammal. The respondents in both the petitions are common.

(3.) BY executing such documents, the respondents 1 and 2 intended to put their properties beyond the reach of the creditors including the petitioners. There is no truth in the documents. The properties are grossly undervalued. The value mentioned in the agreements is less than 1/5th of their value. Respondents 1 and 2 never parted with possession of the properties as stated in the agreement. In furtherance of the scheme of fraud, collusion and make belief, two suits O.S.No.145 of 1981 and O.S.No.146 of 1981 were filed for specific performance of contracts. Both the suits were filed on 15.10.1981 and the suits were decreed exparte on 30.11.1981. E.P.Nos.2 and 3 of 1982 were filed on 13.1.1982 and 19.1.1982. The judgment debtors remained exparte and the Court executed the sale deeds on 26.4.1982.