MANJURI DASSI Vs. KHETRAMANI DASSI

JUDGEMENT

(1.) S.A. Nos. 1710, 1830 of 1920. These two appeals along with four others arise out of suits for declaration that certain properties which had been attached and sought to be sold were not liable to attachment and sale on the ground that the judgment-debtors in each case had no interest and that the plaintiffs in each case had title to the same.

(2.) The properties attached belonged to a family consisting of four brothers Nikunja, Kunja, Hira Lal and Makhan. The first three became involved in debt and transferred their interest in the properties attached separately to the plaintiff in each case.

(3.) It appears that suits were instituted against the three brothers and there was attachment of the properties before judgment on the 16 July, 1907. On the 4 August, 1907, there was a conveyance by Nikunja of his interest in the properties to his father-in-law, Mukunda. Subsequently, on the 24 August, 1907, there was a compromise between the parties and a petition of compromise was filed, Nikunja and Kunja undertaking not to transfer their interest in the properties until repayment of their debts.