JUDGMENT

This Appeal by the plaintiff in pursuance of certificate under Art. 133 of the Constitution is directed against the judgment of Madhya Pradesh High Court dated the 11th of April, 1969 reversing the judgment and decree of the trial court and dismissing the plaintiffs suit. It appears that certain proceedings were taken against Defendant No. 5 husband of the plaintiff, for the recovery of sums due to the Government and in consequence the house in suit was attached. The plaintiff claimed release of the property on the ground that the house was her personal property and could not be attached for sums owing by her husband. The defence of the State was that the property belonged to the husband and that, therefore, attachment was valid. The trial court accepted the plaintiffs case and decreed the suit. The High Court disagreed with the trial court and dismissed the suit.

2. We have gone through, the judggment of the trial court as also that of the High Court and find that the High Court had made a wrong approach to this case. In the first place, the State never pleaded that the house in question was purchased by the husband through a benami transaction in the name of his wife. It