BADRI DASS NIHALA MAL Vs. CHUNILAL RODA MAL

JUDGEMENT

(1.) This is a second appeal against the appellate decree of Shri G. C. Jain, District Judge, Hoshiarpur, dated the 29th April, 1959, affirming that of the trial Court dated the 22nd April, 1958.

(2.) Kishori Lal who was the owner of the property in dispute made a mortgage of the same along with his residential house in favour of Messrs. Mulkh Raj Radha Krishan of Pathankot for a sum of Rs. 5,000/- by means of a document executed on the 4th April, 1948. On the 5th July, 1956 he sold the property in dispute in consideration of Rs. 5,000/- in favour of Badri Das by means of a registered document Exhibit D. 1. On the same day he executed a rent deed in favour of the aforesaid vendee and thus became his tenant. On the 6th May, 1957 Chuni Lal plaintiff-respondent brought the suit giving rise to this appeal for a declaration to the effect that the sale deed dated the 5th July, 1956 executed be Kishori Lal in favour of Badri Das relating to the property in dispute was fictitious, collusive and had been made with the intention of defeating and delaying the claim of the plaintiff and other creditors. The suit was contested by Kishori Lal vendor as also by Badri Das vendee who averred that the sale had been made for consideration and who denied that there was any intention to defeat and delay the creditors. It was also pleaded by the defendants that the suit did not lie in its present form inasmuch as it was not a representative suit. The trial Court framed the following four issues : 1. Is the present suit a representative suit on behalf of all the creditors of Kishori Lal and it not what is its effect ? 2. Whether the sale in question was tor consideration ?

(3.) If so, whether the sale was effected with a view to delay the creditors of Kishori Lal ? If so what is its effect ?