JUDGMENT

S.N. Variava, J.-This Appeal is against a judgment dated 7th August, 1987 in Second Appeal No. 313 of 1981.

2. Briefly stated the facts are as follows :

In 1939 the suit property came to the share of one Krishnan Nair by virtue of a partition in his family. As the family of Krishnan Nair had been conducting several chit funds a number of debts had been incurred in that business several suits had been instituted and several decrees had been passed against the said Krishnan Nair. Krishnan Nair, therefore, executed a Sale Deed in 1940 selling the land to his brother-in-law, one Parameswaran Nair. One of the decree holders got this property attached in execution of his decree. Parameswaran Nair filed objection claiming to be owner of the property by virtue of Sale Deed executed in his favour. The Executing Court held that the Sale Deed who sham and bogus and that the same was a benami transaction. The Executing Court held that the property continued to remain vested in Krishnan Nair. The property was thus sold in execution. Thereafter, Krishnan Nair filed a Petition to set aside the sale. That Petition was dismissed. However, Krishnan Nair was allowed to get back the property, pr