ABDULLAKHAN DARYAKHAN MHADIK Vs. PURSHOTTAM DAMODAR SURA

JUDGEMENT

(1.) This appeal arises out of a suit filed under Section 53 of the Transfer of Property Act for a declaration that the sale-deed passed by defendant No. 1 in favour of his son, defendant No. 2, on October 19, 1929, was passed with intent to defeat or delay the creditors of defendant No. 1 and was, therefore, not binding on the plaintiff and other creditors.

(2.) The main defence was that the sale was bona fide and for valuable consideration and not intended to defeat or delay the creditors of defendant No. 1, and that the plaintiff's suit was time-barred under Art. 91 of the first schedule to the Indian Limitation Act, 1908.

(3.) Both the Courts below held that the sale-deed in dispute was passed by defendant No. 1 with intent to defeat or delay his creditors and was, therefore, not binding on them, and that the plaintiff's claim was in time. The plaintiff was, therefore, given a declaration that he and the other creditors of defendant No. 1 were not bound by the sale-deed in suit and that the property comprised in the sale-deed was liable to be attached and sold for the satisfaction of the decree obtained by the plaintiff in Suit No. 259 of 1929.