SECRETARY, FINANCE DEPTT. Vs. SHANTIBAI

JUDGEMENT

(1.) This appeal is directed by the appellants/defendants being aggrieved by the judgment and decree dated 23.12.1995 passed in Civil Suit No.2-A/1994 by the learned Court of IVth Additional District Judge, Sagar (M.P.) decreeing the plaintiff/ respondent's suit.

(2.) (A) The respondent instituted a suit in respect of the house No.48/324-A situated at Tilakganj Ward, Sagar (MP). It is alleged that the suit property was purchased by the respondent from one Rajendra Kumar for a consideration of Rs.45,000/- by registered saledeed dated 08.05.1985. The purchase according to the respondent was bonafide for her own use after payment of due consideration. After getting the possession from the seller addition, alteration work were performed investing sufficient amount.

(3.) The appellants submitted their written statement denying all averments of plaint. It was inter alia submitted that the Firm was engaged in business of cereals, pulses, oilseeds and was defaulter of sales tax arrears amounting to Rs.1,55,566/- for the period from 1966 1967 to 1969 1970 and from 1981 1982 to 1984 1985. After depositing some amount, Rs.1,33,632/- was to be recovered from the Firm. The seller Rajendra Kumar duly participated in the proceedings of sales tax assessment/recovery and was well aware of the sales tax dues against the Firm. In spite of it, the suit property with malafide intention surreptitiously sold to the respondent by Rajendra Kumar to defeat the attachment proceedings.