LINGAREDDI SREENIVASULU REDDI DIED Vs. D MUNIRATNAM REDDI

JUDGEMENT

(1.) First defendant filed O. S. 199 of 1960 against the second defendant for recovering a sum of Rupees 1,200/- with interest due on a promissory note executed on 5-7-1957. That suit was decreed in favour of the first defendant. Thereafter he filed execution petition No. 9/64 for execution of the decree by sale of the property of the second defendant on which attachment before judgment was levied. Plaintiff filed Execution Application No. 297 of 1964 in Execution Petition 9/64 for raising the attachment. He based his claim on the ground that the property under attachment belongs to him. That claim petition was rejected by the Executing Court. He therefore filed the present suit for declaration of his tittle and pleaded that the property under attachment was settled upon him by the second defendant under Ex. A-1 dated 27-6-1958. Second defendant (judgment-debtor) is the brother-in-law of the plaintiff and also his sisters son.

(2.) Learned trial Judge held that there was no unavoidable necessity for the second defendant to settle the property under attachment upon the plaintiff and that he had done so in order to escape his liability flowing from his debt. He also held that the plaintiff was the universal donee within the meaning of Section 128 of the T. P. Act and was therefore liable to discharge the debt of his donor. He therefore dismissed the suit in so far as it related to the plaintiffs declaration of title in regard to the property settled upon him by second defendant under Ex. A-1 but passed in his favour decree in relation to Item 3 which was not the subject-matter of settlement under Ex. A-1.

(3.) Plaintiff appealed against that decree to the appellate Court. The learned appellate Judge confirmed the findings recorded by the learned trial Judge and upheld the decree passed by him. He therefore dismissed the appeal.