(LALA) GOPI CHAND Vs. JODHRAJ DEOJIT

JUDGEMENT

(1.) This second appeal arises out of a suit brought by the plaintiff-appellant for a declaration that certain property which the defendant-respondents have attached, and applied for sale of, in execution of a decree is not liable to attachment and sale. The appellant based his suit on a sale-deed by the judgment-debtor dated 15 October 1927. This sale-deed is admittedly subsequent to the respondent's decree.

(2.) The trial Court in a rambling judgment held that the transfer was not voidable under Section 53, T.P. Act, because there was no sufficient evidence to prove that the judgment-debtor intended by this transfer to defeat or delay the plaintiff decree-holder. The judgment-debtor had other property to meet the decree and the transfer to the plaintiff was made for adequate consideration. This Court did not consider the question of the appellant being a bona fide transferee in good faith.

(3.) In first appeal the District Judge held that as the sale by the judgment-debtor was subsequent to his receiving an injunction from the Court not to sell this property the transfer must have been made with intent to defraud the decree- holder. He also found that the consideration was not proved at all.