RAMESH KUMAR Vs. GOPAL DASS

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decrees of the courts below whereby his suit for declaration and permanent injunction to the effect that sale deed dated 03.04.2000 executed by defendant No.3 in favour of defendant Nos.1 and 2 by which ownership of land was fraudulently transferred in favour of defendant Nos. 1 and 2 by defendant No.3 with intention to defraud and defeat the rights of the plaintiff-firm as creditor and the same was illegal and inoperative upon the rights of the plaintiff for recovery of amount payable by defendant No.3, was decreed.

(2.) AS per the averments made in the suit, plaintiff-firm filed a suit for recovery of Rs.2,65,000/-against defendant No.3 on 21.01.2002 which was pending in the court of Civil Judge(Junior Division), Abohar. It was further alleged that defendant No.3 in order to avoid the payment of the aforesaid amount maliciously and intentionally transferred the ownership of his entire land in favour of defendant Nos.1 and 2 on 03.04.2000 with the intention of defrauding the appellant and to defeat his rights. Hence this suit.

(3.) I have perused the impugned judgment and decrees. The plea raised by learned counsel for the appellant is that the sale deed dated 03.04.2000 was made by respondent No.3,fraudulently, in order to defeat the recovery of the payment of dues of the appellant for which civil suit was pending. However, in spite of the aforesaid pleadings, there is no evidence on record on the basis of which it can be held that the impugned sale dated 03.04.2000 made by respondent No.3 in favour of respondent Nos.1 and 2 was fraudulent as alleged by the appellant.