INDR KUMAR Vs. SHEO BAGAS

JUDGEMENT

(1.) ONE Sheocharan was the holder of lands, Khasra Nos. 484 /2, 513/2, 514/6 and 648/1. He transferred these lands to his brother Sheobagas by a registered sale-deed dated 1-3-1952. Sheobagas, in his turn, sold Khasra No. 484/2 to Bindabai by a registered deed dated 19-1-1953 and also sold Khasra No. 648/1 to Gendlal by another registered deed dated 14-4-1953.

(2.) ONE Mohanlal Sethi had obtained a decree for Rs. 890-3-0 against Sheocharan in Small Cause Suit No. 43 of 1950, decided on 15-9-1951. In execution of his decree Mohanlal attached all these lands on 20-2-1954. Sheobagas, Bindabai and Gendlal objected to the attachment under Order 21, rule 58 of the Code of Civil Procedure, and as their objections were dismissed, they filed separate suits being civil suits 89-A, 87-A and 88-A of 1956. In all the three suits Sheocharan and Mohanlal were impleaded as defendants. In these suits it was pleaded by Sheobagas, Bindabai and Gendlal that they had purchased the lands for value and were owners of the lands. Sheocharan in his written statement supported them, whereas Mohanlal contested their claim and pleaded that the sale-deeds were without consideration, fictitious and fraudulent and were made to defeat his claim. These suits were consolidated and decreed by the Second Civil Judge, Durg, on 20-7-1956. It was held that Sheobagas, Bindabai and Gendlal had valid title by virtue of their respective sale-deeds and the lands were not liable to be attached and sold in execution of the decree obtained by Mohanlal against Sheocharan. Appeals against the decrees in these suits were dismissed by the Additional District Judge, Durg, on 30-6-1958. Second appeals filed in the High Court were allowed by a Single Bench on 18-4-1960 but that decision was reversed in Letters Patent Appeals on 9-10-1961 restoring the decrees passed by the trial Court.

(3.) THESE appeals raise a common question of res judicata and were heard together and are being disposed of by a common judgment.