SHYAM BEHARI MAL Vs. MAHA PRASAD

JUDGEMENT

(1.) This is an appeal from an order of remand and is connected with two other first appeals from order which are numbered as 184 of 1928 and 217 of 1928. These three appeals arise out of three suits for recovery of money based on promissory notes against the same set of defendants.

(2.) In first appeal from order No. 183 of 1928, the suit was instituted by Shyam Behari Mal on 16 May 1927, in the Court of the Subordinate Judge of Azamgarh for recovery of Rs. 3,958-8-0 principal and interest on a promissory note dated 20 March 1926, which had been executed by Ram Ghulam Mal defendant 1 in plaintiffs favour. Defendants 2 and 3 are the sons of defendant 1 and members of a joint family with him and the plaintiffs sought to fix the liability upon the sons upon the ground that the money was borrowed to meet a legal necessity. The other defendants were three idols of a Hindu temple namely Padam Nal, Sri Ramji, Lachhmanji and Jankiji. These were impleaded as defendant 1 was alleged to have executed in their favour a fictitious wakfnama of the entire property owned and possessed by him on 6 September 1926, with the intention of evading the payment of his just debts which were due to the plaintiffs and other creditors.

(3.) The relief claimed in the suit were only two. The plaintiff prayed for a decree for Rs. 3,959-8-0 principal and interest etc., against defendants 1, 2 and 3. The relief claimed against defendant 1 was to a certain extent particularised in so far that the plaintiff claimed that the amount be realised from the person and all the family property owned and possessed by defendant 1 and entered in the document known as the wakfnama dated 6 September 1926. The other relief was of a declaratory character and related to the wakfnama. The plaintiff prayed for a declaration that the document known as the wakfnama dated 6 September 1926, was vitiated by fraud and as such was null and void and that the property covered by the said instrument was liable to be attached and sold in satisfaction of the plaintiff's claim.