JETHA BHIMA AND CO Vs. LADY JANBAI

JUDGEMENT

(1.) The material facts are that Balkrishna, a judgment-creditor of Mahomed Mehdi, attached on the 21st of December 1895 the right, title and interest of the judgment-debtor in certain securities for money held by the receiver in the suit for the administration of the estate of Tharia Topan, the father of the judgment- debtor. On the 6th of January 1896 the judgment-debtor assigned the whole of his right, title and interest in the estate of his father to his mother, the defendant in this suit. In the year 1898 the present plaintiffs brought Suit No. 566 against the judgment-debtor Mahomed Mehdi and obtained a decree on the 16th of September 1898. In 1899 Mahomed Mehdi took the benefit of the Insolvent Act but after a time his petition was dismissed. A fresh petition was filed in February 1903 and he was again adjudged insolvent but has not yet obtained his final discharge. In 1904 the present plaintiffs levied an attachment upon the same property as had already been attached, viz., the right, title and interest of Mahomed Mehdi in the securities held by the receiver in the administration suit relating to his father s estate. On the 15th of October 1907, the judgment-debt owing to Balkrishna was satisfied and his attachment was raised. Subsequently Lady Janbai, the assignee of the judgment-debtor under the assignment of the 6th of January 1896, applied to the Judge in Chambers and got the present plaintiffs attachment raised and it is in consequence of the order raising that attachment that this suit has been instituted.

(2.) The plaintiffs pray that it may be declared that the property described in the schedule to the plaint to the extent of the interest of Mahomed Mehdi Tharia Topan at the date of the several attachments is liable to be attached and sold in execution of the plaintiffs decree.

(3.) By reason of the law of limitation, the plaintiffs are unable to challenge the assignment in favour of Lady Janbai upon any ground except that it is void under the provisions of Section 276 of the Civil Procedure Code of 1882. For the purpose of this suit, therefore, the assignment must be considered to be a bona, fide assignment of the property of the judgment-debtor to Lady Janbai made in January 1896.