MT MUNIRAN BIBI Vs. AMJAD ALI SHAH

JUDGEMENT

(1.) This is a defendant's appeal in a suit for a declaration that the sale-deed dated 17 May 1921, executed by the plaintiff-respondent in favour of the defendant may be declared to be null and void.

(2.) The plaintiff Amjad Ali Shah is the brother of Mt. Muniran, the defendant- appellant. On 17 May 1921, Amjad Ali Shah executed a sale-deed with respect to certain property which had devolved on him upon the death of his brother Farzand Ali. The consideration for the sale was Rs. 1,000. The plaintiff alleged that as one Nanhu Mal was about to institute a suit for recovery of money against him he executed this sale-deed with intent to prevent Nanhu Mal from attaching this property in execution of any decree he may obtain. It appears that a decree for Rs. 225 was passed in favour of Nanhu Mal, who had instituted a suit for the recovery of money, and on 5 August 1921 Amjad Ali Shah paid this amount. The present suit was instituted on 18 July 1923. Mt. Muniran Bibi's defence was that the sale-deed was a genuine sale-deed.

(3.) The Court of first instance dismissed the plaintiff's suit upon the finding that the sale was a genuine sale and that the plaintiff had received the consideration for the sale and that the statement made by him that the document had been executed in the way alleged and for the reasons set out by Amjad Ali Shah was false. Amjad Ali Shah went up in appeal before the learned District Judge of Moradabad who has decreed the appeal.