JAMAHAR KUMARI BIBI Vs. ASKARAN BOID

JUDGEMENT

(1.) This is a suit occasioned by the determination adversely to the plaintiff, Jamahar Kumari Bibi, of a claim to property preferred by her in execution proceedings.

(2.) This property is No. 147, Cotton Street, and Chitty, J., has held that Jamahar, though ostensibly its owner, is in truth merely a benamidar for the judgment-debtor, her husband, Chatrapat Singh. He accordingly has dismissed the suit. From this judgment the present appeal has been preferred.

(3.) The house was put up for sale in execution of a decree against Chatrapat Singh and was ostensibly bought by Jamahar on the 10th of April 1897 for Rs. 50,000. No cash passed and the explanation is that on the 2nd of March 1896 the decree was expressed to be assigned to Jamaharin consideration of Rs. 1,10,000, and the Rs. 50,000 was set off against a corresponding part of what was due under the decree.