NANDOO SINGH Vs. GANGA SARAN

JUDGEMENT

(1.) This is a judgment-debtor's appeal arising out of a proceeding under Section 8, U. P. Debt Redemption Act, 1940, for the amendment of a decree so as to reduce the interest under it.

(2.) The material facts are as follows:

(3.) Nandoo Singh appellant pays less than Rs. 250 as land revenue. He executed a deed of simple mortgage in favour of the predecessors of respondents 1 to 6 on the basis of which a final decree for sale was obtained by them. He alleges that he fell into evil ways and Khazan Singh, who was a co-applicant with him in the application under Section 8, got a fictitious simple money bond executed by him in order to save him from ruin. Subsequently, Khazan Singh obtained a decree on the foot of that bond and in its execution purchased the property which had been mortgaged to respondents 1 to 6, Later, Khazan Singh sold that property to Amin Chand who is alleged to be a relation of the appellant. Amin Chand has now executed a deed of surrender in favour of the appellant. The appellant's contention was that all the transactions beginning with the simple money bond in favour of Khazan Singh and ending up with the deed of surrender in favour of the appellant were collusive, and as such null and void, the whole idea being to save the property from the clutches of the creditors. It was contended that the aforesaid transactions should be taken as non-existent and the question whether or not the advance made by defendants 1 to 6 is a loan should be considered without any regard to these fictitious transfers.