KANCHANBAI Vs. MOTICHAND

JUDGEMENT

(1.) THIS appeal is by the defendants against the decree, dated, 1-9-1961, pass-ed by Shri S. J. Surana, District Judge, Dhar, in Civil Regular Appeal No. 97 of 1960, reversing the decree, dated 30-6-1961, " passed by Shri R. L. Chandani, Civil judge, Class H, Badnawar, in Civil Suit No. 17 of 1959.

(2.) THE respondents filed a suit for setting aside a gift, dated, 3-10-1956 executed by the first appellant in favour of her daughter-in-law, the second appellant on the ground that it was with intent to defeat the plaintiffs' claim. The plaintiffs had to recover Rs. 2600/-from the first appellant. On 17-9-1956, the plaintiffs served a notice making demand for repayment; and in default a suit would be filed. After the receipt of the notice, Mst. Kanchanbai executed the said gift in favour of her daughter-in-law in order to defeat and delay the debt of the plaintiffs.

(3.) THE appellants in their defence denied that the gift was made with intent to delay or defeat the debt of the plaintiffs. It was further contended that Section 53 of the Transfer of Property Act was not attracted, as there was a single creditor.