OUSEPK MATHAI MUNIAPPA PILLAI Vs. PERIASAMI AND ANR.

JUDGEMENT

(1.) Where by release deed, releaser transferred his right, title and interest of suit properties in favour of releasee; transaction amounts to "transfer" within definition of Section 5 of the Transfer of Property Act.

(2.) Aggrieved by the said decision, the first respondent herein filed O.S. No. 972 of 1966 for setting aside the summary order passed in E.A. No. 388 of 1966. No doubt the prayer in that plaint was to set aside the summary order in E.A. No. 388 of 1966. But the main contention of the first respondent in the plaint was that Exhibit B -1 is a false and colourable transaction brought about to defraud the first respondent, and was not supported by any true and valid consideration.

(3.) The trial Court set aside the order in E.A. No. 388 of 1966 holding that Exhibit B -1 is a fraudulent document. Aggrieved by the said decision, the second defendant preferred an appeal. The Subordinate Judge, Tiruchirapalli, dismissed the appeal. Aggrieved by the decisions of the Courts below, the second defendant has preferred the above second appeal.