PARBHULAL DULLABHRAM Vs. BHAGVAN PARBHU

JUDGEMENT

(1.) [His Lordship, after setting out the facts, proceeded.] The main questions which arise for consideration in this appeal are : I. Whether the sale of December 29, 1909, was bogus and fraudulent or not ? II. If not, what is the effect of the purchase of the suit property on January 14, 1918, in the names of the sons of the insolvent ?

(2.) In regard to the first of these two points the learned counsel for the appellant contends that the enumeration by the learned District Judge of the doubtful circumstances connected with the sale shows it was fraudulent. I am of opinion, however, that there is a definite finding of fact that the sale is not proved to be fraudulent, and that that finding of the District Judge is to be accepted by this Court.

(3.) The result is that so far as the original sale of 1909 is concerned, the present appellant cannot base his case on that sale. It may be added that similar remarks apply to the sale by Bhagvandas to Shivlal.