TOTA ALIAS TOTA RAM Vs. PRABHU AND ANOTHER

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for a declaration that the plaintiff is the owner in possession of the plots in suit and that the plots were not liable to attachment and to sale in execution of an earlier decree. Tota Ram filed suit No. 830 of 1964 against one Kashi Nath. On application made by him, the trial court made an order dated 11 -9 -1964 directing attachment before judgment. The attachment was duly effected on 15 -9 -1964. On that date Kashi Nath and one Maharaj Singh had already executed a sale deed in favour of Prabhu, the plaintiff before us, in respect of those very plots for a consideration of Rs. 1,400/ -.

(2.) Parbhu then filed a suit, out of which the present appeal arises, alleging that consequent upon the aforesaid sale deed he had entered into possession of the plots on 15 -9 -1964 and that he was entitled to the declaration mentioned above.

(3.) The suit was contested by Tota Ram alone. It was contended that the sale deed executed in favour of the plain -tiff was without consideration and had been obtained fraudulently with a view to defeat the defendant's claim in the earlier suit. It was also asserted that the attachment before judgment had been made to the knowledge of the plaintiff and Kashi Nath, and that an injunction order had been served on Kashi Nath in the presence of the plaintiff even before the execution of the sale deed.