SADHASHEO RAO Vs. MANBOTH

JUDGEMENT

(1.) THE learned District Judge has based his dismissal of the suit on a decision of one point of law only, which is discussed in a judgment of some length. The decision seems correct, but the suit could have been dismissed on several other grounds, which required much less argument than - that matter ever really required, which is much less than it got.

(2.) THE matter is this: A sale-deed of certain immovable property was executed on the 4th December 1912. The property was then under attachment and in the hands of the Collector for sale It was released from that attachment on the 10th December. The sale-deed was registered on the 13th February 1913. It is clear that the transfer was made on the date of registration, because if the deed had not been registered there would have been no transfer at all. That for certain purposes, or even for all purposes, it took effect as from the date of execution has nothing to do with the date on which it was made.

(3.) THE other fact is that the whole of the consideration of the two transfers, Rs. 9,000, is proved to have been taken and used for the satisfaction of debts antecedently due by the plaintiff's father who made the transfers. The amount paid to Hirderam in satisfaction of the decree under which the village had been attached was Rs. 5648-12-0, and a further sum as interest. A mortgage held by one Bisram was also satisfied by the payment of Rs. 3373-4-0. That gives a total of Rs. 9,022, even without the sum paid as interest to Hirderam and the costs of the two conveyances.