ABDUL KADER Vs. ALI MEAH

JUDGEMENT

(1.) During the pendency of a suit on a bond-note by the defendant No. 1 against defendant No. 2, the latter sold his homestead with a tank to the plaintiff for a consideration of Rs. 700, The defendant No. 1 subsequently obtained a decree on the bond-note and attached the said land. The plaintiff put in a claim under Section 278 of the Civil Procedure Code and it was disallowed and the property was sold and purchased by defendant No. 1 for Rs. 40 only, his decree being for Rs. 348 odd. The plaintiff brings this suit under Section 283 of the Civil Procedure Code for declaration of title and confirmation of possession. The defendant pleaded that the purchase of the plaintiff was benami for the debtor and fraudulent.

(2.) The first Court held that the purchase was not benami, and that there was no evidence that the plaintiff knew of the decree or the suit and decreed the plaintiff s suit.

(3.) The learned Subordinate Judge has set aside the decree of the first Court holding, that although consideration had been paid and plaintiff was in possession, the defendant No. 2 living on some other land, the defendant No. 2 made the sale with the object of defeating the claim made by defendant No. 1, that the plaintiff was aware of the fraudulent motive of defendant No. 2 in selling the property to him and helped him in carrying out the fraudulent object.