RAM CHARAN Vs. LAL BIHARI VARMA

JUDGEMENT

(1.) We think that this appeal is concluded by the findings of fact.

(2.) The plaintiff brought a suit for a declaration that the goods in the shop of his brother really belonged to him and, as such, were not liable to attachment and sale in execution of a decree obtained by a creditor of his brother.

(3.) The First Court dismissed the suit, but on appeal the learned Additional District Judge of Cawnpore has allowed it. It is really purely a question of fact whether the alleged sale by one brother to another was a real sale and not a sham transaction in order to defraud or delay the creditors. Now the learned Judge has noted some very suspicious circumstances in the case which would lead one ordinarily to infer that the transaction was not a genuine one, but, bearing all these circumstances in mind, he has come to a very definite conclusion that the sale was a perfectly valid transaction. What happened was this; one brother agreed to buy the property of his brother and to pay all his creditors six-annas in the rupee and did, as a matter of fact, pay them that amount with the exception of one of the creditors who refused to accept it. This was the defendant-respondent.