MUSAHAR SAHU Vs. HAKIM LAL

JUDGEMENT

(1.) ON September 2, 1901, Kishun Benode executed two kobalas or conveyances, the one to Kamta Prashad and the other to the respondents, Hakim Lal and another. They were conveyances of certain lands, the parcels in the second deed being much more numerous than those in the first deed. Kamta Prashad was the nephew of Ram Aotar Lal, a brother of Hakim Lal. He was a minor and Ram Aotar Lal was his guardian.

(2.) THE plaintiff, Musahar Sahu, was at this date a creditor of Kishun Benode. He had on December 14, 1900, sued for the debt, and on January 5, 1901, had presented a petition for security by way of attachment before judgment. On February 11, 1901, Kishun Benode had made an affidavit that he did not intend to transfer any of his properties, and accordingly on February 11, 1901, the petition was dismissed.

(3.) ON December 5, 1901, the plaintiff obtained judgment in his action for Rs. 12,695.10 and costs. The defendant did not appear at the trial. On December 21, 1901, Kishun Benode applied for a rehearing, but on August 2, 1902, that application was dismissed by default. In the interval, namely, on June 11, 1902, the transferees had obtained an order for registration of their names in respect of the properties transferred.