HIRALAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS second appeal arises out of the judgment and decree dated 23rd November, 1977, passed by the VIIth Additional District Judge, Indore, in Civil 1st Appeal No. 36-A of 1976.

(2.) UNDISPUTED facts are that house No. 3, situated on Warehouse Road, Indore was owned by Chandrabai, who was one of the partners of M/s. Hind Union Traders. From 1st February, 1965, she became the sole owner and proprietor of M/s. Hind Union Traders. Plaintiff-appellant purchased the suit house for Rs. 9,000 by a registered sale deed No. 1130, dated 22nd May, 1971, and filed the suit on the ground that the house was wrongly attached and sold by the respondent-State in recovery proceedings in respect of recovery of Rs. 18,810 against M/s. Hind Union Traders. He, therefore, prayed for a declaratory decree that he was the sole owner of the house and the same was not liable to be attached or sold in sales tax recovery proceedings.

(3.) THE trial court dismissed the suit and the first appellate court dismissed the appeal preferred by the plaintiff-appellant.